IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12.11. 2008 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No.3534 of 2008 The Oriental Insurance Company Ltd., First Floor,Hosur Road, Opp.9th Cross, Wilson Garden, Bangalore. .. Appellant/3 rd Respondent Vs. 1.M.Janaki 2. C.Puturaju 3. S.Amendra .. Respondents/Petitioner and Respondents 1 & 2 Appeal filed under Section 173 of the M.V.Act against the award and decree dated 14.03.2008 in MCOP No. 494 of 2005 on the file of the Motor Accidents Claims Tribunal,(Subordinate Judge) Tharapuram. For Appellant : Mr. R.Sivakumar For respondents : Mr.Ma.P.Thangavel . . . JUDGMENT The Oriental Insurance Company has filed this appeal challenging the award dated 14.03.2008 in MCOP No. 494 of 2005 passed by the Motor Accidents Claims Tribunal, Tharapuram. 2. It is a case of fatal accident. The accident in this case happened on 04.05.2002. The deceased Lakshmanan, aged about 26 years, said to be a Supervisor in a Private Company, was travelling in a scooter, when he was hit by the car bearing registration No.K.A05 170 insured with the appellant-Insurance Company and in that accident, the said Lakshmanan died. The mother, aged about 45 years has filed the claim petition claiming a sum of Rs.10,00,000/- as compensation stating that the income of the deceased was Rs.6,000/- per month. 3. In support of the claim, the mother of the deceased was examined as P.W.1 and brother of the deceased, Balasubramanian https://hcservices.ecourts.gov.in/hcservices/ was examined as P.W.2, Dr.Krishnaraj was examined as P.W.3, and one Ramesh, eye witness was examined as P.W.4 and Documents Exs.P1 to P.26 were marked. No oral or documentary evidence was let in by the appellant/respondent before the Tribunal. 4. According to P.W.1, the deceased was working as Supervisor and was an active sportsman and after the accident, he was in the hospital for 45 days. In spite of the medical treatment given, he died. Ex.P5 is the Post Mortem Certificate The medical bills were marked as EXs.P.7, P.9 and P.10. The transport expenses is covered under Ex.P.8. In the absence of any record to show the actual income of the deceased, the Tribunal fixed the income of the deceased at Rs.3,000/- per month, of which 1/3 was deducted towards his personal expenses and the pecuniary loss to the dependent, mother was fixed at Rs.2,000/- per month and Rs.24,000/- per year. Taking into consideration the age of the mother-Claimant, who was said to be 45 years old and that of the deceased who was 26 years and also considering the merit in Sports activities, the Tribunal adopted 15 multiplier and granted Rs.3,60,000/- as compensation towards loss of pecuniary benefits.(24,000/- X 15 = 3,60,000/-) The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at the rate of 7.5%. 1 Loss of pecuniary benefits Rs. 3,60,000/- 2 Loss of love and affection Rs. 5,000/- 3 Transport expenses Rs. 5,136/- 4 Medical expenses Rs. 1,66,548/- 5 Funeral expenses Rs. 5,000/- Total Rs. 5,41,684/- 5. The finding of negligence on the part of the driver of the car insured with the appellant and the liability of appellant to compensate the claimant is not in dispute and as such, the same is confirmed. 6. The only contention raised by the counsel for the appellant is that the quantum of compensation calculated by the Tribunal based on 15 multiplier in the case of a deceased bachelor earning member is on the higher side and it has to be reduced. Appellant's counsel relied upon the decision of the Apex Court in the case of Bijoy Kumar Dugar - vs. - Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242. 7. Learned counsel for the claimant, on the other hand, stated that the deceased is an active sports man and he was hale and healthy and he would have supported his mother till her life time. https://hcservices.ecourts.gov.in/hcservices/ The possibility of his taking care of the mother till the rest of her life time should also be considered. The income of Rs.3,000/- p.m. fixed by the Tribunal is marginally lower, considering the fact that the accident happened in the year 2002. He relied on the following decisions: a) A Division Bench of this Court, in the case in B.Anandhi – vs. - Latha reported in 2002 ACJ 233 (P.SATHASIVAM,J., as he then was) wherein it has been observed that even 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. 8. 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. In this case, the deceased, 26 years old, was working as a Supervisor. He had a very excellent sports record. Considering the same, the income of the deceased should be higher. 9. The deceased was in the hospital for a period of 45 days. The accident happened in Bangalore. He was given first aid at Bangalore C.D. Government Hospital and thereafter he was taken to Ramakrishna hospital, Coimbatore where he died. At the time of the accident, the mother was living at Vellaikoil, Erode District and she would need some amount to travel to the hospital to be with her son till his death. 10. In view of the two decisions cited supra, assuming that the income of the deceased bachelor should be taken as Rs.3,500/- as against Rs.3,000/- determined by the Tribunal, then the annual income will be Rs.42,000/- After deducting 1/3rd towards personal expenses, the annual loss of pecuniary benefits to the dependent- mother will be 28,000/- By applying multiplier of 12, the total pecuniary loss to the dependent-mother will be Rs. 3,36,000/-. ( 28,000 X 12 -3,36,000/-) A sum of Rs.1,66,584/- granted towards medical expenses is not disputed. On the death of the son, the mother has been granted only Rs.5,000/- towards loss of love and affection. The deceased was in the hospital for 45 days and that is stated by P.W.3, Doctor who gave treatment to the deceased at Ramakrishna hospital. Therefore, the Tribunal should have granted some amount for pain and suffering and mental agony undergone by the deceased. The compensation granted by the Tribunal for loss of love and affection to the mother is very meagre and it needs to be enhanced. The mother/Claimant also needs further amount towards transport expenses as the deceased was in Coimbatore hospital and she was https://hcservices.ecourts.gov.in/hcservices/ living at Vellaikoil Village, Erode District. Considering all these aspects, a sum of Rs.24,000/- in excess (i.e.from Rs.3,60,000 - Rs.3,36,000/- = Rs.24,000/-) can be adjusted on the heads like loss of love and affection, transport expenses, pain and suffering and mental agony. Therefore, the total compensation of Rs.5,41,684/- does not require further reduction as also the interest at 7.5% since the accident happened in the year 2002 and the award was passed in the year 2008. 11. Finding no merits, the Civil Miscellaneous Appeal is dismissed. Connected miscellaneous petition is closed. No costs. Learned counsel for the appellant seeks eight weeks' time to deposit the amount and the same is allowed. On such deposit, the claimant is entitled to withdraw the entire amount. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar PAL To The Motor Accidents Claims Tribunal(Subordinate Judge) Tharapuram 1 cc To Mr.P.Thangavel, Advocate, SR.63110 1 cc To Mr.R.Sivakumar, Advocate, SR.62912 CMA No. 3534 of 2008 VM(CO) SRA(18/12/2008) https://hcservices.ecourts.gov.in/hcservices/