IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.3.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.669 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Division-I Villupuram. ... Appellant/Respondent vs. 1.Malarkodi, 2.Minor Sivasakthiya, rep. by his guardian and grand mother 1st respondent 3.Vennammal alias Annamalai, 4.Rajiv Gandhi, 5.Minor Elabharathi. (Minor respondent No.5 is represented by his mother and guardian the 1 respondent) (2nd respondent is unnecessary party hence given up) ... Respondents/Petitioners 1 to 5 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 9.3.2004 passed in M.C.O.P.No.270 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.3), Virhudhachalam. For appellant : Mr.P.Jagadeeswaran ----- https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 9.3.2004 passed in M.C.O.P.No.270 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.3), Virhudhachalam. 2. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 15.2.2002. The deceased Thiruvengadam, said to be aged 40 years, a cattle broker and engaged in vegetable vending and agricultural work, was walking on the road. The bus belonging to the appellant transport corporation driven by its driver in a rash and negligent manner, hit the said Thiruvengadam. In that accident, the said Thiruvengadam died on the spot. The wife aged 35 years, grand daughter (age not given) and three sons aged 20, 19 and 11 years filed a claim for compensation in a sum of Rs.5 lakhs stating that the deceased was earning a sum of Rs.5,000/- per month. 3. In support of the claim, the wife of the deceased was examined as P.W.1. One Arumugam, the eye witness to the accident, was examined as P.W.2. Exs.A-1 to A-7 were marked on behalf of the claimants, the details of which are as follows:- Ex.A-1 is the copy of FIR dated 15.2.2002, Ex.A-2 is the copy of Motor Vehicle Inspector's Inspection Report, Ex.A-3 is the copy of post-mortem certificate dated 15.2.2002, Ex.A-4 is the certified copy of Vehicle Registration Certificate, Ex.A-5 is the certified copy of vehicle licence, Ex.A-6 is the certified copy of replacement certificate of the Government bus and Ex.A-7 is the copy of driving licence. Mr.Jeyapaul, the driver of the appellant transport corporation bus, the respondent before the Tribunal was examined as R.W.1. No document was marked on behalf of the appellant transport corporation. 4. With regard to the negligence, the Tribunal discussed the issue in paragraphs 7 to 12 of the award. Based on the F.I.R. Ex.A-1 and the evidence of P.W.2, the eye witness to the accident, the Tribunal held that due to rash and negligent driving by the driver of the appellant transport corporation bus, the accident happened. The evidence of R.W.1 did not appeal to the Tribunal on merits. Accordingly, the Tribunal fixed the liability to compensate the claimants 1 and 3 to 5 on the appellant transport corporation. The finding of negligence on the part of the driver of the appellant transport corporation and the liability fixed on the appellant https://hcservices.ecourts.gov.in/hcservices/ transport corporation bus cannot be and is not seriously disputed by the counsel for the appellant in the appeal and the same is confirmed. The only contention seriously disputed by the counsel for the appellant is on the quantum of compensation. 5. Insofar as the quantum of compensation is concerned, the same was dealt with by the Tribunal in paragraph 13 of the award. Based on the post-mortem certificate Ex.A-3, the Tribunal fixed the age of the deceased at 60 years. Though the claimants stated that the deceased was earning a sum of Rs.5,000/- per month in vegetable vending, cattle brokering and agricultural work, the Tribunal fixed the income of the deceased at Rs.3,000/- per month (i.e.) Rs.36,000/- per annum. Based on the age of the deceased at 60 years and in terms of second schedule to Section 163A of the Motor Vehicles Act, the Tribunal adopted 8 multiplier and fixed the loss of income of the deceased at Rs.2,88,000/- (Rs.36,000/- x 8 = Rs.2,88,000/-). After deducting 1/3 towards personal expenses of the deceased, the Tribunal fixed a sum of Rs.1,92,000/- as pecuniary loss to the family of the deceased. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with 9% interest as follows:- Sl. No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits to the dependents of the deceased Rs.1,92,000/- 2 Loss of love and affection to the three children on the death of their father (Rs.5,000/- each) Rs. 15,000/- 3 Loss of consortium to the wife on the death of her husband Rs. 15,000/- Total Rs.2,22,000/- 6. The contention of the appellant's counsel is that the multiplier of 8 adopted by the Tribunal is high. Therefore, the quantum of compensation has to be reduced. 7. On going through the award, this Court is not inclined to interfere with the award of the Tribunal on the above contention and to reduce the quantum of compensation for the following reasons:- (i) The accident in this case happened on 15.2.2002. The deceased was aged 60 years at the time of accident. (ii) It was claimed that the deceased was engaged in vegetable vending, agricultural work and cattle brokering. His income was claimed at Rs.5,000/- per month. The Tribunal, however, has https://hcservices.ecourts.gov.in/hcservices/ fixed the monthly income at Rs.3,000/- per month which is low and the same is not commensurate with minimum wages or living wages at the time of accident. (iii) The following decisions will have to be kept in mind while fixing the income of the deceased:- (a) A Division Bench of this Court in B.Anandhi – vs. - Latha reported in 2002 ACJ 233 (P.SATHASIVAM,J., as he then was) observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995. (b) The Apex Court in State of Haryana and another – vs. - Jasbir Kaur and others reported in 2004-1 Law Weekly, was of the view that an agriculturist would earn Rs.3,000/- per month. In that case, the accident happened in the year 1999. In the above cited cases, the income of the deceased was taken at Rs.3,000/- per month for the year 1995 and 1999 respectively, whereas in the present case, the accident happened in the year 2002. Considering the same, the income of the deceased, can be fixed at Rs.4,000/- per month as he was engaged in vegetable vending, agricultural work and cattle brokering. (iv) The sum of Rs.15,000/- granted towards loss of love and affection to the three children is very meagre. (v) No amount was granted towards funeral expenses. (vi) Since the income taken is low and the compensation granted for loss of love and affection to the three children is also very low and no compensation is granted towards funeral expenses, the marginally higher multiplier "8" adopted in this case is justified. (vii) With regard to interest granted at 9%, no objection was raised in the appeal grounds. (viii) Considering the above aspects the total compensation granted in a sum of Rs.2,22,000/- by the Tribunal does not require any further reduction. 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks eight weeks' time to deposit the award amount and is granted and https://hcservices.ecourts.gov.in/hcservices/ on such deposit, the claimants are entitled to withdraw the same as per order of the Tribunal. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Additional District Judge, Fast Track Court No.3, (Motor Accidents Claims Tribunal) Virhudhachalam. +1cc to Mr.P.Jagadeeswaran, Advocate Sr 8413 SSR(CO) km/18.4. C.M.A.No.669 of 2009 https://hcservices.ecourts.gov.in/hcservices/