`IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3641 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., CBE-Division-II, Chennimalai Road,Erode ... Appellant/2nd Respondent vs. 1.Bakkiammal 2.Raj Kumar 3.Veeramuthu 4.Ammasi 5.Chinna Irusagounder (Given-up) ... Respondents/Petitioner & 1st Respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 23.04.2008 passed in MACTOP.NO.246 of 2006 on the file of Motor Accident Claims Tribunal and Sub Judge, Bhavani. For appellant : Ms.B.Vijayalakshmi ----- JUDGMENT The State Transport Corporation is on appeal challenging the award dated 23.04.2008 passed in MACTOP.NO.246 of 2006 on the file of Motor Accident Claims Tribunal and Sub Judge, Bhavani. 2.It is a case of fatal accident. The accident in this case happened on 10.5.2006. Kannan @ Marimuthu, aged about 43 years, a Coolie by profession, was riding a TVS 50 bearing Registration No.TN- 36 T 0946 on the left hand side of the Anthiyur to Bhavani main road. The transport Corporation bus coming from the opposite direction hit the TVS 50 and in that accident, the said Kannan @ Marimuthu sustained grievous injuries. He was admitted to Gowri Hospital, Anthiyur where he was declared dead. His wife aged 39 years, two sons aged about 20 and19 years and mother aged 70 years filed a claim for compensation in a sum of Rs.7 lakhs on the death of the deceased stating that the deceased was earning a sum of Rs.3,000/- per month. https://hcservices.ecourts.gov.in/hcservices/ 3. In support of the claim, the wife was examined as PW1, one Ganesan, the eye witness was examined as PW2. Exs.P1 to P7 were marked. Ex.P.1 is the copy of First Information Report, Ex.P.2 is the copy of Rough sketch, Ex.P.3 is the copy of Observation Mahazar Ex.P.4 is the Motor Vehicle Inspector's report, Ex.P.5 is the copy of charge sheet, Ex.P.6 is the copy of post mortem report, Ex.P.7 is the legal heir certificate . On behalf of the Transport Corporation, one Chinna Irusa Goundan was examined as RW1 and no document was marked. 4. The Tribunal, fixed on the age of the deceased as 43 years, based on Ex.P.6 Post mortem Certificate. The income of the deceased was fixed as Rs.3,000/- per month and the annual income as Rs.36,000/-. After deducting one third amount for personal expenses of the deceased, the annual dependency was fixed at Rs.24,000/-. The Tribunal relying upon the second schedule to the Motor Vehicles Act, adopted 15 Multiplier and fixed the total pecuniary loss at Rs.3,60,000/-. In all, the Tribunal granted the following amount as compensation: Sl. No. Head Amount granted by the Tribunal 1 Pecuniary loss to the dependents Rs. 3,60,000/- 2 Loss of Consortium Rs. 25,000/- 3 Love and affection(2nd and 3rd claimant) Rs. 50,000/- 4 Love and affection to 4th claimant Rs. 15,000/- 5 Transport charges Rs. 2,000/- 6 Funeral expenses Rs. 5,000/- Total Rs. 4,57,000/- The Tribunal awarded compensation at Rs.4,57,000/- with interest at 6 % p.a. 5. The finding of the Tribunal with regard to negligence on the part of the driver of the appellant transport Corporation bus who is responsible for the accident and the death and consequential liability fixed on the appellant transport corporation to compensate the claimant is not disputed by the learned counsel for the appellant and the same is confirmed. 6. The only contention raised by the learned counsel for the appellant is that a sum of Rs.25,000/- each granted towards loss of love and affection to the two sons on the death of the father is on the higher side and the multiplier 15 is also high. https://hcservices.ecourts.gov.in/hcservices/ 7. As far as the compensation is concerned, this Court is not inclined to interfere with the total compensation for the following reasons: The accident in this case happened in the year 2005.The deceased is 43 years old Coolie. The income was claimed at Rs.7,000/- per month. However, the Tribunal fixed the income at Rs.3,000/- p.m. A division Bench of this Court in B.Anandhi vs. R.Latha reported in 2002 ACJ 233 held that even a coolie will earn Rs.3,000/- per month. In that case the death occured in the year 1995. The wages for persons like the deceased cannot remain static for a longer period. The cost of living, rise in price of commodities and the value of money have to be kept in mind for the purpose of determining the income at the relevant time. In this case, the deceased was supporting the family consisting of wife, two sons and mother aged about 70 years. The Tribunal adopted a meagre sum of Rs.3,000/-per month as income. Further, in so far as the interest is concerned, the Tribunal has granted only 6% p.a, although the accident happened in the year 2005 and award passed in 2008. 8. In this case, the income of the deceased taken as Rs.3,000/- p.m. is very low. The low interest at 6% granted has to be considered while deciding the issue as to whether the compensation is just and proper, even if the multiplier is higher. Since the income of the deceased fixed is very low and the interest granted is only 6%, the marginally higher amount of compensation for loss of love and affection to the two children can be adjusted on other heads. The short fall that will arise due to the lower income and the interest at 6% fixed by the Tribunal can be adjusted from the excess amount granted on other heads. 9. Since the total compensation is just and reasonable, this Court is not inclined to interfere with the quantum of compensation, as also the interest at 6% p.a. 10. Finding no merit, the Civil Miscellaneous Appeal is dismissed at the admission stage. There will be no order as to costs. The appellant seeks for eight weeks' time to deposit the entire amount and the same is allowed. On such deposit, the claimants will be entitled to withdraw the amount in the same proportion as ordered by the Tribunal. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ VJY To The Motor Accident Claims Tribunal (Sub Judge), Bhavani. C.M.A.No.3641 of 2008 RSM(CO) SRA(11/02/2009) https://hcservices.ecourts.gov.in/hcservices/