R. Vijayalakshmi & Others v. M. Chandrasekaran & Another
2007-06-20
S.PALANIVELU
body2007
DigiLaw.ai
Judgment :- Claimants have filed this Civil Miscellaneous Appeal, aggrieved over the award, dated 28.04.2000, made in M.C.O.P.No.333 of 1995, on the file of Motor Accident Claims Tribunal (Sub-Court), Poonamallee, awarding a compensation of Rs.1,80,000/-, as against the claim of Rs.4,00,000/-. 2. There is no dispute about the manner of accident and the liability fixed on the driver, for causing the accident. 3. On 14.07.1994, at about 19.00 hours, while the deceased Ramu was coming on his cycle at Narayanapuram in Velacherry, a lorry, belonging to first respondent and insured with second respondent, came from his backside and dashed against him, causing the fatal accident, as a result of which the said Ramu succumbed to grievous injuries. 4. The contention of the learned counsel for the claimants/appellants is that the compensation arrived at by the tribunal is on lower side. 5. The tribunal perused the oral evidence available on record and fixed a sum Rs.1,500/- per month and, accordingly, arrived at a sum of Rs.18,000/- towards annual loss of income of the deceased to the claimants family. The tribunal, applying the multiplier of 10, arrived at a sum of Rs.1,80,000/- towards total loss of income. 6. It is in evidence that the deceased was earning a sum of Rs.700/-per week, by attending to Maistry work. The deceased was aged 38 years at the time of accident. 7. According to II Schedule attached to the amended Motor Vehicles Act,1988, the multiplier to be adopted is 16, since the deceased was aged 38 years. 8. Considering the monthly income of the deceased as Rs.2,700/- and after deducting 1/3 towards personal expenses, I feel, the dependency has to be fixed at Rs.1,800/-. Thus, the annual dependency shall come to Rs.21,600/-. By applying the multiplier 16, the compensation available to the claimants under the head total loss of income would be Rs.3,45,600/-. Towards loss of consortium, the first claimant/wife of the deceased would be entitled to Rs.5,000/-. Towards loss of estate, a sum of Rs.2,500/-and towards funeral expenses, a sum of Rs.2,000/-have to be awarded. Thus, the claimants are entitled to a total compensation of Rs.3,55,100/-. 9. Accordingly, the enhanced compensation would be Rs.1,75,100/-.
Towards loss of consortium, the first claimant/wife of the deceased would be entitled to Rs.5,000/-. Towards loss of estate, a sum of Rs.2,500/-and towards funeral expenses, a sum of Rs.2,000/-have to be awarded. Thus, the claimants are entitled to a total compensation of Rs.3,55,100/-. 9. Accordingly, the enhanced compensation would be Rs.1,75,100/-. The second respondent is directed to deposit the said enhanced amount along with interest at 7.5% per annum from the date of claim petition, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants 1,2,3 and 4 are entitled to Rs.1,00,100/-, Rs.25,000/-, Rs.25,000/- and 25,000/-respectively. Except respondents 2 and 3, who are minors, the other respondents, namely, 1 and 4 are entitled to withdraw their share and the minors share shall be kept in Fixed Deposit until they attain majority. In other aspects, the award of the tribunal is confirmed. 10. Civil Miscellaneous Appeal is allowed in part. No costs.