Rajammal and others v. The Pandian Transport Corporation represented by its Managing Director, Madurai
2000-09-08
K.SAMPATH
body2000
DigiLaw.ai
JUDGMENT: Claimants are the appellants. They filed M.A.C.T. O.P.No.439 of 1993 before the Motor Accidents Claim Tribunal, Srivilliputhur, claiming compensation in a sum of Rs.14 lakhs, for the death of one Anbalagan, whose widow is the first appellant, children are appellants 2 and 3, and parents are appellants 4 and 5. 2. Their case was as follows: In an accident on 11.5.1993 at about 12.15 hrs, near Lakshmipuram Village, 2 kms. South of Nathampatty Police Station on Srivilliputhur to Madurai Main Road, the deceased, who was travelling in the PRC bus, bearing registration No. TN-59-0352 from Rajapalayam to Madurai, died. The accident, according to the appellants, was due to the rash and negligent driving of the vehicle by the driver, in which the deceased was travelling, as also the driver of another PRC Bus, bearing registration No. TN-59-N-0026, which was proceeding from North to South and there was a collision. In the accident, totally 13 persons died. Anbalagan was one of them and his death was instantaneous. The deceased was only a passenger and no negligent act could be imputed against him. At the time of his death, Anbalagan was a PG teacher, drawing Rs.4,911 per month as salary. He was 41 years old and he would have served for another 17 years had he lived. As a teacher in the Government Higher Secondary School, he would have 17 increments in future. Every year he would have got Rs.75 as increment. He would have got D.A., ex-gratia payments. He would have been promoted as Headmaster in the year 1995. Due to his premature death, the family of Anbalagan had lost the entire income. Because of the death of Anbalagan, they had been practically stranded in the street without any source of income. The loss could not be estimated in terms of money. The Transport Corporation was liable to pay Rs.14 lakhs as compensation. 3. The claim petition was resisted on the ground that the accident took place due to unavoidable circumstances. The bus bearing registration No.TN-59-N-0026 was proceeding from Theni to Rajapalayam and as it was nearing the bridge outer of Lakshmipuram slowly at a moderate speed adopting the rules and regulations of the traffic code, a buffalo suddenly crossed the road from left side to right side.
The bus bearing registration No.TN-59-N-0026 was proceeding from Theni to Rajapalayam and as it was nearing the bridge outer of Lakshmipuram slowly at a moderate speed adopting the rules and regulations of the traffic code, a buffalo suddenly crossed the road from left side to right side. The driver applied sudden brake and the vehicle swerved to the left side of the road, but unfortunately the wheel of the bus hit against the edge of the bridge, as a result of which, it was broken and the bus was turned towards the right side of the road and dashed against the other bus coming in the opposite direction. The accident was an “Act of God”. In any event, the claim for Rs.14 lakhs was excessive and the claim had been made on imaginary grounds. The various allegations regarding age, income, etc. had to be strictly proved. 4. The Tribunal found that the accident was due to the negligent driving of both the vehicles by the respective drivers. This finding has not been challenged by the respondent/ Corporation by any independent appeal or proceedings. Hence, the finding has become final and the same is confirmed. 5. As regards the quantum, as against the claim of the appellants for Rs.14 lakhs, the Tribunal has awarded Rs.2,40,000. Dissatisfied with the amount awarded, the present appeal has been filed. 6. It is not disputed that Anbalagan was 41 years old and he was a P.G. teacher in Melur Government Boys Higher Secondary School and at the time of the accident his pay was Rs.5,138 as evidenced by Ex.P-1. P.W.3, who was also working as a teacher at the time of the accident in the said school, deposed that the deceased was getting Rs.2,500 as salary and personal pay Rs.25, D.A. Rs.2,325, H.R.A. Rs.275, Medical Allowance Rs.15; in all Rs.5,120. The Tribunal has observed that though the figure was given as Rs.5,138, it was not known as to what his “take home pay” was and on a strange reasoning concluded that he would have contributed only a sum of Rs.2,000 every month to the family. The Tribunal used a multiplicant of Rs.24,000, and a multiplier of 10, arrived at Rs.2,40,000 as the compensation payable to the claimants/ appellants. 7.
The Tribunal used a multiplicant of Rs.24,000, and a multiplier of 10, arrived at Rs.2,40,000 as the compensation payable to the claimants/ appellants. 7. It is common knowledge that after several pay commissions, the salary of PG teachers has gone up by leaps and bounds and in fact at the time of the argument it was represented by the learned counsel for the appellants that the present salary of a school teacher is Rs.15,000. The Tribunal, while quantifying the compensation, did not take into consideration the future increase in the salary of Anbalagan. It is in evidence that the deceased would have gone up in the hierarchy and possibly he would have retired as Headmaster of the School and at the time of the retirement he would have easily earned not less than Rs.15,000 per month. If we fix the loss of income to the family at Rs.4,000 without having to deduct any amount for lump sum payment in view of our not taking into consideration the ultimate salary the deceased would have drawn at the time of his retirement, the multiplicand would be Rs.48,000 and for a person aged 41 years, the multiplier to be used is 15 though the deceased would have served for another 17 years. The loss of earning to the family would have been Rs.7,20,000 to which a sum of Rs.10,000 should be added towards loss of consortium to the wife. Rs.5,000 each to the two minor daughters, Rs.5,000 each to the parents. Rs.3,000 towards funeral expenses and Rs.1,500 towards transport. The total comes to Rs.7,54,500 which would be the just compensation payable to the claimants. This amount, if awarded , would be in consonance with the ratio of the decisions of the Supreme Court and this Court in Kattabomman Transport Corporation Ltd. v. G.Malaivelu, (1993)2 L.W. 711, wherein the guidelines to be followed for fixing compensation in cases like the present one have been laid down. 8. Consequently, the civil miscellaneous appeal will stand allowed and instead of Rs.2,68,000, the appellants would be entitled to Rs.7,54,500 payable with interest at 12% per annum. No costs.