National Insurance Co. Ltd. v. Karunayammal & Others
2007-07-21
S.PALANIVELU
body2007
DigiLaw.ai
Judgment :- On 07.04.2000 at about 12.00 a.m., while the deceased Kanagaraj was standing on the left side of the Palladam Udumalai Road, a Van bearing Registration No.TCL 1114 was driven by its driver in a rash and negligent manner, dashed against him and he died in the accident. The Tribunal has fixed the responsibility for causing accident upon the driver of the van. The said observation of the Tribunal is not debatable before this Court. 2. On account of quantum of compensation arrived at by the Tribunal, learned counsel for the appellant Insurance Company assails it very much, stating that it is on the higher side. The deceased was aged about 40 years at the time of accident and he was earning Rs.50,000/- per annum by working as a lorry driver, besides he was engaged in agriculture and milk vending business. But as evident from the Certificate issued by the Headquarters Deputy Tahsildar, Dharapuram, the Tribunal has taken into account the evidence adduced on behalf of the claimants that the monthly income of the deceased was Rs.7,000/-. For the purpose of compensation, Rs.3,500/-was taken as monthly income of the deceased and total loss of annual income was calculated at Rs.42,000/-. As per the Schedule appended to the Motor Vehicles Amendment Act, the Tribunal adopted 16 multiplier and total loss of income was reached at Rs.6,72,000/- in which 1/3rd was deducted towards the personal expenses of the deceased and the dependency was fixed at Rs.4,48,000/-. The Tribunal has awarded Rs.2,000/-for funeral expenses and totally Rs.4,50,000/- has been awarded as compensation. 3. Learned counsel for the appellant placed reliance upon the decision of the Supreme Court in M.D., TNSTC Vs. Sripriya & Others (2007 (1) TNMAC 319 (SC)), wherein the Supreme Court has directed to adopt multiplier of 12 while the deceased was aged about 37 years and further observed that adopting multiplier of 16 was not proper. Following the guidelines contained in the above said decision, the multiplier of 12 is adopted herein. The annual loss of income is fixed at Rs.48,000/- considering his monthly income as Rs.4,000/-. Applying multiplier of 12, total loss of income would be Rs.5,76,000/- in which, 1/3rd deduction towards personal expenses of the deceased should be made and the dependency to be ascertained at Rs.3,84,000/-. For loss of love and affection, a sum of Rs.10,000/-may be awarded.
The annual loss of income is fixed at Rs.48,000/- considering his monthly income as Rs.4,000/-. Applying multiplier of 12, total loss of income would be Rs.5,76,000/- in which, 1/3rd deduction towards personal expenses of the deceased should be made and the dependency to be ascertained at Rs.3,84,000/-. For loss of love and affection, a sum of Rs.10,000/-may be awarded. For loss of consortium to the fist claimant, the compensation of Rs.10,000/-has to be awarded. Towards loss of estate, a sum of Rs.6,000/- has to be awarded to the claimants. Hence, a total compensation of Rs.4,10,000/- has to be awarded to the claimants. Claimants 2 to 4 are entitled to Rs.40,000/- each and the first claimant is entitled to the balance amount. 4. The appeal is allowed in part directing to award compensation of Rs.4,10,000/-to the claimants. The share of the minor claimants viz., respondents 2 and 3 shall be invested in fixed deposit in any nationalised bank initially for a period of three years, renewable periodically, till they attain majority, and the first claimant/mother of the minor claimants is entitled to withdraw the interest that may accrue thereon once in six months. 5. In fine, the appeal is partly allowed. No costs.