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2005 DIGILAW 1812 (MAD)

Sakunthala & Others v. S. Kamala & Another

2005-11-29

M.KARPAGAVINAYAGAM, S.R.SINGHARAVELU

body2005
Judgment :- (Appeal against the order dated 27.9.1996 made in M.C.O.P.No.493/1995, on the file of the Motor Accidents Claims Tribunal, (Additional district Munsif Cum chief Judicial Magistrate), Villupuram.) M. Karpagavinayagam, J. The appellants have preferred this appeal against the order dated 27.9.1996, passed by the Motor Accidents Claims Tribunal, Villupuram, in M.C.O.P.No.493/1995, having not satisfied with the quantum of compensation. 2. The Tribunal has passed the award for a sum of Rs.1,00,000/-. The appellants/Petitioners, who are the wife and children of the deceased Muthukrishnan, who died in the accident, have claimed a sum of Rs.3,50,000/-. 3. On going through the materials available on record and on hearing the learned counsel appearing for both the parties, we feel that the award of Rs.1,00,000/- is not the proper quantum of compensation and as such, it could be arrived at, in the following manner:- 4. The salary of the deceased can be fixed at Rs.3,315/- per month. The 11-year multiplier can be invoked. The deceased, aged 54 years at the time of accident, was working as Junior Special Officer in the Neyveli Lignite Corporation. His unexpired service is four years. One-third of the salary of the deceased can be fixed for personal expenses. So, the contribution of the deceased to the family could be Rs.2,210/- per month. For the unexpired service of four years, the contribution to the family comes to Rs.1,06,080/-. (Rs.2210 x 12 x 4) So, for the remaining period of seven years, the contribution comes to Rs.92,820/-. (Rs.1105 x 12 x 7). Thus, the loss of income of the deceased can be arrived at Rs.1,98,900/-. Towards loss of love and affection, a sum of Rs.30,000/- can be awarded. A sum of Rs.30,000/- can be fixed for loss of consortium. Loss of agriculture income can be fixed at Rs.20,000/-. Funeral expenses can be fixed at Rs.6,000/-. So, the total compensation that can be awarded to the appellants comes to Rs.2,84,900/-, rounded to Rs.2,85,000/- with interest at 9% per annum. 5. With the above modification, this Appeal is allowed. No costs.