1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.75 of 2011 and M.P(MD)No.1 of 2011 United India Insurance Company Ltd., Assisi Complex, PWD Road, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District. ... Appellant/3rd Respondent Vs. 1.Subramaniam Nadar 2.S.Panjali 3.S.Selvakumari 4.S.Vijayakumari 5.S.Selvi 6.S.Tamarai 7.S.Gopalraj ... Respondents 1 to 7/Claimants 8.R.Athilingam 9.R.Manikandan ... Respondents 8 & 9/Respondents 1 & 2 * * * * PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order passed by the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Nagercoil, dated 28.02.2005 in M.C.O.P.No.24 of 2003. For Appellant : Mr.P.Jaganathan For R1 to R7 : Mr.R.Thayumana Swamy J U D G M E N T This Civil Miscellaneous Appeal is filed by the Insurance Company against the compensation awarded in favour of the respondents 1 & 2 herein for the death of their unmarried son aged twenty years in the road accident occurred at 4.00 a.m., on 14.03.2002 near pushpa hotel at Ponnakudi. 2. The claim petition was filed by the parents, brothers and sisters of the fatal accident victim and the compensation was awarded in favour of the parents aged 55 and 50 years and the same was rejected in respect of the brothers and sisters. 3. The Motor Accident Claims Tribunal on the basis of the available evidence, has fixed the income of the deceased at Rs.3,000/- per month and after deducting 1/3rd of the same towards personal expenses of the deceased, has fixed the loss of income at Rs.24,000/- per year and has https://hcservices.ecourts.gov.in/hcservices/ 2 calculated the total loss of income by adopting the multiplier "13" at Rs.3,12,000/- and has also awarded compensation under the other heads and the total compensation awarded is Rs.3,63,000/- payable with interest at 9% per annum from the date of petition. 4. The Insurance Company has come forward with this Civil Miscellaneous Appeal only by questioning the multiplier adopted for determining the loss of income and loss of dependency and the rate of interest awarded at 9%. 5. Though the learned counsel for the petitioner has seriously argued in this regard, this Court considering the age of the parents particularly the age of the mother, is not inclined to accept the ground on the basis of which the correctness of the award is questioned. As the age of the parents is to be taken into account herein and as the multiplier specified in II Schedule for the age group of 50 to 55 is "13" as the age of the victim was 20 years at the time of the accident, the loss of dependency has been rightly ascertained by adopting the multiplier of "13" and this Court finds no reason to disagree with the same. Regarding the rate of interest at 9%, it cannot be stated to be high. Thus, the appellant has not made out any ground warranting interference into the well considered judgment of the Tribunal. 6. In the result, this Civil Miscellaneous Appeal is dismissed by confirming the award dated 28.02.2005 made in M.C.O.P.No.24 of 2003 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Nagercoil. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To The Chief Judicial Magistrate, The Motor Accident Claims Tribunal/ Nagercoil. + 1 cc to Mr.D.Hari, Advocate, SR No.6035 CMA(MD).No.75 of 2011 09.03.2011 PM RJ/31.5.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/