1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1073 of 2011 1.Vasuki 2.N.Banu ... Appellants/Petitioners Vs. 1.Nurunisha Begam 2.United India Insurance Company Ltd., Having its Office at Mutt Street, Kumbakonam ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the judgment and decree dated 3.8.2009 made in MCOP. No.143 of 2007 on the file of Motor Accident Claims Tribunal/Additional Sub-Court, Kumbakonam. For Appellants : Mr.S.Sivathilagar For R1 : Mrs.S.Seetha For R2 : Mr.S.Murugesan JUDGMENT The Civil Miscellaneous Appeal is directed against the award dated 3.8.2009 and made in M.C.O.P.NO.143 of 2007 on the file of Motor Accident Claims Tribunal/Additional Sub-Court, Kumbakonam. The claimants are the appellants herein and the respondents 1 and 2 are the owner and insurer of the offending vehicle. The appellants have filed the Claim Petition before the Motor Accident Claims Tribunal, (Additional Sub Court) Kumbakonam, claiming a sum of Rs. 5 lakhs for the death of their mother one Kunjammal in a road traffic accident said to have been taken place on 15.10.2006 at 1.45 p.m. involving the auto rickshaw bearing Reg.No.TN 49 V 8633 belonging to the first respondent and insured with the second respondent-Insurance Company. The first respondent being the owner of the vehicle never chosen to contest the claim. 2. On the other hand, the second respondent alone has contested the Claim Petition on various grounds. On assessing the evidences available on record, the Tribunal has proceeded to award a sum of Rs.76,000/- directing the second respondent-Insurance Company to pay this amount with the interest at the rate of 7.5% per annum from the date of petition. 3. Being aggrieved by the award of Rs.76,000/-, the claimants have preferred this appeal for enhancing the award amount. When this appeal came up for hearing, Mr.Sivathilagar, learned counsel appearing for the appellant has contended that at the time of accident, the deceased was aged about 75 years and she was doing business of dry fish and earned not less than Rs.3,000/- per month. But the learned counsel for the second respondent-Insurance Company has contended that in order to substantiate the contention that she was doing business on dry fish, there was no evidence and without any basis, the monthly income at Rs.3,000/- could https://hcservices.ecourts.gov.in/hcservices/ 2 not be fixed. He has also added that the Tribunal, based on the age of the deceased, has fixed the notional income at Rs.15,000/- per annum and this could be confirmed. 4. Mr.Sivathilagar, learned counsel for the appellant has urged before this Court that a sum of Rs.2,500/- could be fixed towards the monthly income of the deceased. He has also submitted that at the age of 75, even in the village, women would do business to earn their livelihood and that only on the pragmatic approach, a sum of Rs.2,500/- could be fixed towards the monthly income of the deceased. 5.This Court, after hearing the arguments advanced by both sides, finds that a sum of Rs.2,500/- may be quite appropriate to calculate the loss of income of the family of the dependents. On the basis of the income of Rs.2500/- per month, the annual income would be Rs.30,000/-. After giving 1/3rd deduction towards the personal & living expenses, the 2/3rd remainder would be Rs.20,000/-. Since the deceased was aged about 75 years as per the second schedule to Section 163(A) of Motor Vehicles Act, the multiplier 5 would be more proper. On applying this multiplier mechanism of 5, the loss of income of the family would be Rs.1,00,000/-. 6. Besides this, the appellants being the daughters of the deceased are each entitled to get Rs.10,000/- towards the loss of love and affection. 7. Apart from this, they are also entitled to get a sum of Rs.5,000 towards funeral expenses and another sum of Rs.1,000/- under the head of transportation. 8. Accordingly, this Court finds that the appellants/claimants are entitled to get the compensation under the following heads: 1.Towards loss of income of the family Rs. 1,00,000/- 2.Loss of love and affection for claimants 1 and 2(each Rs.10,000) Rs. 20,000/- 3.Funeral expenses Rs. 5,000/- 4.For Transportation Rs. 1,000/- -------------- Total Rs. 1,26,000/- -------------- Therefore, they are entitled to get Rs.1,26,000/-. Keeping in view of this fact the award of the Tribunal at Rs.76,000/- has been enhanced to Rs.1,26,000/- and the second respondent-Insurance company is directed to pay the amount with interest at the rate of 7.5% from the date of petition within a period of four weeks. After the amount is deposited, the appellants are at liberty to withdraw this amount directly from the Tribunal without filing any formal application. With the above modification, this appeal is allowed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Additional Subordinate Judge, Motor Accident Claims Tribunal, Kumbakonam. + 1 cc to Mr.S.Murugan, Advocate, SR No.43063 + 1 cc to Mr.S.Sivathilakar, Advocate, SR No.42970 C.M.A.(MD)No. 1073 of 2011 8.12.2011 ses RJ/19.1.12 3p/4c https://hcservices.ecourts.gov.in/hcservices/