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2007 DIGILAW 1191 (MAD)

Valli & Others v. Arumugam & Another

2007-04-03

R.SUDHAKAR

body2007
Judgment :- The Claimants, who are the wife and three children of the deceased, are on appeal against the award of the Tribunal, dated 212. 2005 made in M.C.O.P.No.345 of 2004. The only question to be decided in this appeal is regarding the quantum of compensation. 2. Considering the rival contention and the plea of the counsel for appellant it is evident that the deceased was running a hotel and was aged about 37 years at the time of demise. His income was determined by the Tribunal at Rs.1,500/- p.m., which is quite low for the period of accident, i.e., 211. 2004. The income determined by the Tribunal has to be modified in view of the decision rendered by a Division Bench in B. Anandhi Vs. R. Latha (2002 ACJ 233). Therefore, after deducting 1/3rd towards personal expenses, the income of the deceased can be fixed at Rs. 2000/-p.m. and accordingly, loss of annual dependency will be to Rs. 24,000/-. By adopting 16 multiplier, the total loss of income is arrived at Rs.3,84,000/- (Rs.24,000 x 16) as against Rs. 1,92,000/-determined by the Tribunal. 3. In addition, the Tribunal has awarded a sum of Rs.5000/-to the first claimant/wife towards loss of consortium, Rs.10,000/-towards loss of love and affection to claimants 1 to 4 and Rs.2000/- towards funeral expenses, which also requires modification. The deceased was aged about 37 years at the time of demise and the age of the wife was 35 years. Further there are three minor children. The amount awarded by the Tribunal for loss of consortium to the first claimant/wife and the amount awarded for loss of love and affection to the children, are very meger. Therefore, the award of the Tribunal is modified as follows: 4. Towards loss of consortium, the first claimant/wife is entitled to further sum of Rs. 5, 000/-. The three minor children, namely, claimants 2 to 4, are entitled to Rs.5000/-each towards loss of love and affection, totally Rs.15,000/-. Rs. 2000/- granted towards funeral expenses remains unchanged. In all, the award of the Tribunal is modified as under: Towards loss of Income to the family Rs.3,84,000/- Towards loss of consortium to the first claimant Rs. 10,000/- Towards loss of love and affection to minor children Rs. 15,000/- Towards funeral expenses Rs. 2,000/- Total Rs. Rs. 2000/- granted towards funeral expenses remains unchanged. In all, the award of the Tribunal is modified as under: Towards loss of Income to the family Rs.3,84,000/- Towards loss of consortium to the first claimant Rs. 10,000/- Towards loss of love and affection to minor children Rs. 15,000/- Towards funeral expenses Rs. 2,000/- Total Rs. 4,11,000/- The enhanced compensation will bear interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. The applicants/claimants are permitted to withdraw the amount on deposit. 5. With the above modification, the civil miscellaneous petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. For Being Spoken To: 27/06/2008 This petition having been posted on this day (i.e on 26. 08) for being spoken to in pursuance to the order of this court dt (4. 2007) and made herein in the presence of the aforesaid advocate, the court made the following order: This matter is listed today under the caption for “being spoken to” 2. At the end of paragraph No. 4 of the order dated 4. 2007, the following will be added:- “The minor Second and fourth appellant will be entitled to withdraw his share amount on his attaining majority.”