1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2011 Coram: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A.(MD).No.451 of 2011 and M.P.(MD).No.1 of 2011 The Managing Director, Tamil Nadu Transport Corporation, Madurai Division, Division - V, Virudhunagar. ... Appellant/Respondent -Vs- 1.Vellaiammal 2.Mareeswari 3.Muthumurugan ... Respondents/ Claimants PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award dated 04.06.2009 made in M.C.O.P.No.64 of 2008 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Virudhunagar. For appellant : Mr.N.Asaithambi For respondents : Mr.S.Ramasamy JUDGMENT The respondent/State Transport Corporation is the appellant herein. The appeal is filed against the award of compensation of Rs.1,80,000/- in favour of the wife and unmarried son and daughter of one Sangan, who is the victim of the fatal accident occurred at 7.45 a.m. on 29.04.2008 on the west of Chinnappa Rediayapatti Oorani. The date, time and place and manner of the accident due to the rash and negligent driving of the bus belonging to the respondent Corporation and the entitlement of the claimants/petitioners to get compensation are not denied. 2.The respondent/Corporation has in this appeal questioned the quantum of compensation only by disputing the assessment of loss of dependency by adopting the multiplier of 6 by the Tribunal. According to the learned counsel for the appellant, the deceased was aged 65 years and the multiplier specified in second schedule for the age group of 60 to 65 years is 5 and the Tribunal ought to have adopted 5 instead of 6 for determining the loss of total income and https://hcservices.ecourts.gov.in/hcservices/ 2 loss of dependency of the claimants. 3.This Court finds much force in the argument advanced on the side of the learned counsel for the appellant and is hence inclined to assess the loss of income and loss of dependency as follows; Rs.24,000/- x 5 = Rs.1,20,000/- 4.The compensation awarded under the other headings are loss of love and affection to the first claimant Rs.10,000/- and to the claimants 2 & 3 Rs.10,000/- each (Rs.20,000/-) and funeral expenses Rs.6,000/-. As already pointed out by the learned counsel for the respondents/ claimants, the compensation awarded for loss of love and affection to the first claimant can be reasonably enhanced to Rs.20,000/- and the first claimant is also in addition to the same entitled to get a sum of Rs.10,000/- towards loss of consortium. 5.In the result, the total compensation awarded comes to Rs.1,76,000/-. Out of which, the first claimant is entitled to get Rs.1,06,000/- and the claimants 2 & 3 are entitled to get Rs.35,000/- each. The claimants 1 to 3 are permitted to withdraw their shares with proportionate costs and interests out of the deposit made by the respondent Corporation. The balance sum, if any, shall be refunded to the respondent/Corporation. The appeal is accordingly disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/ Deputy Registrar (LA) /True Copy/ Assistant Registrar To The Subordinate Judge, The Motor Accident Claims Tribunal, Virudhunagar. +1cc to Mr.M.Ramasamy, Advocate, Sr.No.12768 Judgment in C.M.A.(MD)No.451 of 2011 06.04.2011 gcg SMA/01.06.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/