1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2011 Coram: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A.(MD).No.367 of 2011 1.Veerammal 2.Parameswari 3.Mahilammal 4.Chitra 5.Kalaiarasi 6.Amutharani ... Appellants/ Claimants -Vs- 1.The Managing Director, Tamil Nadu State Transport Corporation, Pudukkottai. 2.The Managing Director, Tamil Nadu State Transport Corporation, Karaikudi. ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, praying to allow the appeal and to modify the award dated 14.11.2006 made in M.C.O.P.No.771 of 2000 on the file of the Motor Accident Claims Tribunal/Additional District Court (Fast Track Court), Pudukkottai. For appellants : Mr.V.Bharathidasan For respondents : Mr.M.Prakash JUDGMENT The claimants are the appellants herein. The appeal is filed for enhancement of compensation of Rs.1,32,000/- awarded by the Tribunal. The date, time and place and the manner of the accident as due to the rash and negligent driving of the bus driver resulting in the death of the husband of the first claimant and the father of the other claimants are not denied. 2.The main grievance raised by the claimants in this appeal is regarding the fixation of quantum of annual income of the deceased as Rs.15,000/- and the deduction of one-third of annual income towards the personal expenses of the deceased. The learned counsel for the claimants seriously argued that considering the nature of avocation of the deceased as pleaded by the claimants in their claim petition, the monthly income of the deceased ought to have been reasonably fixed at Rs.3,000/- per month and Rs.36,000/- per annum and out of which one-fourth of the income ought to have been deducted towards personal expenses of the deceased, considering the large number of the family members. 3.This Court is inclined to accept the contention raised on the side of the claimant regarding the monthly income of the deceased. In my considered view the Tribunal ought not to have taken notional annual income of Rs.15,000/- for the deceased, who was according to the claimants carrying on work as agricultural coolie and the monthly income of the deceased can be reasonably fixed at Rs.3,000/- per month and Rs.36,000/- per annum. As far as the deduction for personal expenses is concerned, the same is reasonably adopted at one-third ratio and this Court finds no fault on the part of the Tribunal in this regard. Thus the total loss of https://hcservices.ecourts.gov.in/hcservices/ 2 income and dependency is to be arrived at as Rs.24,000/- x 11 = Rs.2,64,000/-. 4.Next aspect to be considered is the award of compensation of Rs.5,000/- each to the claimants for loss of love and affection. Considering the fact that the deceased died leaving behind him, his wife and five daughters and out of them, two are at marriageable age, this Court is inclined to enhance the compensation for loss of love and affection at Rs.10,000/- each. Thus the total compensation awarded in the instant case on different heads is as follows: Loss of Income and Dependency Rs.2,64,000/-, Loss of Love and Affection Rs. 60,000/- Loss of Consortium Rs. 20,000/- Loss of Funeral Expenses and transport charges Rs. 6,000/- ------------- Total compensation Rs.3,50,000/- ------------- and the same is payable by the second respondent/insurer with interest at 7.5% per annum from the date of petition excluding 383 days of delay in filing the appeal, by the second respondent. 5. In the result, the award dated 14.11.2006 made in M.C.O.P.No.771 of 2000 on the file of the Motor Accident Claims Tribunal/Additional District Court (Fast Track Court), Pudukkottai, is enhanced to Rs.3,50,000/- with costs and interest at 7.5% per annum from the date of the claim petition excluding 383 days of delay in filing the appeal, payable by the second respondent within two months from the date of the receipt of the copy of this order. On deposit of the amount into Court, the 1st claimant and the claimants 2 to 6 are entitled to get Rs.2,00,000/- and Rs.30,000/- each respectively and the 1st claimant and the claimants 3 to 6 are permitted to withdraw Rs.1,00,000/- and Rs.30,000/- each with accrued interest and proportionate costs and the balance sum due to the first claimant and the minor second claimant shall be deposited in any one of the nationalized banks for three years and till the minor attains majority respectively and the first claimant for herself and on behalf of the minor second claimant is permitted to withdraw the future accrued interest once in three months directly from the bank. The appeal is accordingly disposed of. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ gcg SUB ASST REGISTRAR To:: The Motor Accident Claims Tribunal, /Addl. District Judge (FTC), Pudukkottai. 1CC TO MR. M. PRAKASH, ADVOCATE, SR: 11981: 1CC TO R.V. BHARATHIDASAN, ADVOCATE SR: 12041:: DM:2011::MAY:18:: Judgment in C.M.A.(MD)No.367 of 2011 30.03.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/