The Managing Director, Thiruvalluvar Transport Corporation, Madras v. Subbammal
1999-04-09
M.KARPAGAVINAYAGAM
body1999
DigiLaw.ai
Judgment :- Thiruvallur Transport Corporation challenging the award of Rs. 96,000/- made in M.C.O.P. No. 165 of 1990 on the file of Motor Accidents Claims Tribunal, Trichy has filed this appeal on the ground of negligence and quantum. 2. The Tribunal found that both deceased and the bus driver were equally negligent. Therefore, though the Tribunal found the compensation could be worked out to Rs. 1,92,000/-, it held that the claimants are entitled to get Rs. 96,000/- being the half of the amount of the said compensation. 3. Mr. Arul Murugan, learned counsel for the appellant would submit that as far as negligence is concerned, the Tribunal has come to the correct conclusion that the accident took place in the middle of the road and when the cyclist crossed the road, the bus hit against him. Therefore, there cannot be any difficulty in coming to the conclusion that the Tribunals finding with reference to the negligence is correct. 4. As regards the quantum, as rightly pointed out by the learned counsel for the appellant, the Tribunal ought not to have applied the multiplier of 32 years. The maximum multiplier which could be adopted as per the rulings of the Apex Court is 18. If it is calculated by applying the multiplier of 18, the amount worked out would be less than the Award presently passed. However, it is noticed that no amount was separately provided to the claimants towards loss of consortium, loss of love and affection, funeral expenses, etc . Moreover, though it is the evidence of the first claimant that the deceased had earned more than Rs. 1,000/- month, the Tribunal has wrongly fixed Rs. 500/- as monthly dependency. Therefore, if 1/3 amount is deducted towards his personal expenses, it would be safely concluded that at least Rs. 700/- would be spent for the family per month. As such, the family dependency is Rs. 700/- per month. The annual dependency would be Rs. 8,400/-. When multiplier of 18 is adopted, the total amount would Come to Rs. 1,51,200/-. If we add Rs. 20,000/-towards loss of consortium, Rs. 15,000/- towards love and affection and Rs. 5,000/- for funeral expenses, the total amount would come to Rs. 1,91,200/-. The Tribunal has held that the total compensation would be fixed at Rs.
8,400/-. When multiplier of 18 is adopted, the total amount would Come to Rs. 1,51,200/-. If we add Rs. 20,000/-towards loss of consortium, Rs. 15,000/- towards love and affection and Rs. 5,000/- for funeral expenses, the total amount would come to Rs. 1,91,200/-. The Tribunal has held that the total compensation would be fixed at Rs. 1,92,000/- and the claimants are entitled to half of the amount, as both the deceased and the bus driver had composite negligence. Thus, the present calculation also by applying multiplier of 18 and adding further amounts towards the other heads would bring about the same figure of the Award passed by the Tribunal. 5. Under these circumstances, I am not inclined to interfere with the quantum of the Award passed by the Tribunal. Consequently, the appeal is dismissed. No costs.