The Managing Director, Tamil Nadu State Transport Corporation Ltd. v. Boopathi & Others
2008-12-05
R.SUDHAKAR
body2008
DigiLaw.ai
Judgment :- 1. The Transport Corporation has filed this appeal, challenging the award dated 212. 2007 made in MCOP.No.669 of 2005 on the file of Motor Vehicles Accident Claims Tribunal and Additional District Court, Fast Track Court, Ariyalur. 2. It is the case of fatal accident. The accident in this case happened on 10. 2004. The deceased Ramachandran, a construction worker aged about 30 years was riding a bicycle when he was hit by the appellant Transport Corporation bus and in that accident he died. His wife 24 years, minor daughter 8 years, minor son 6 years, father aged 54 years and mother aged about 47 years are claimants. They claimed a sum of Rs.9,00,000/- as compensation stating that the income of the deceased was 4,500/-per month and he was a construction worker. In support of the claim, the wife was examined as P.W.1. Documents Ex.P.1 to P.3 were marked on the side of the claimants. Ex.P.1 is the First Information Report. Ex.P.2 is the Postmortem certificate. EX.P.3 is the member card original. On behalf of the appellants, one Chidambaram, conductor is examined as R.W.1. No documents were marked. 3. The age of the deceased, stated to be 30 years is not in dispute and that is supported by Post Mortem Certificate, Ex.P.2. The occupation of the deceased is supported by Ex.P.3, membership card, showing that he was engaged in civil construction work. On this premise, the Tribunal fixed the income of the deceased at Rs.4,500/-. By deducting 1/3rd towards personal expenses, the contribution towards family was taken as Rs.3000/- per month and Rs.36,000/-per annum. The Tribunal adopted 17 multiplier and granted the compensation towards loss of pecuniary loss at Rs.6,12,000/-. For loss of love and affection, the Tribunal granted a meager sum of Rs.5000/- to the two minor children and the parents. No amount has been granted for loss of consortium. A sum of Rs.2000/- was granted for funeral expenses and Rs.2000/-for conveyance expenditure. Thus a total sum of Rs.6,21,000/- was granted as compensation with 7.5%. The total compensation granted is as follows:- TABLE 4. Learned counsel for the appellant pleaded that a sum of Rs.4500/- fixed as income of the deceased is on the higher side and therefore, the compensation is to be reduced. 5.
Thus a total sum of Rs.6,21,000/- was granted as compensation with 7.5%. The total compensation granted is as follows:- TABLE 4. Learned counsel for the appellant pleaded that a sum of Rs.4500/- fixed as income of the deceased is on the higher side and therefore, the compensation is to be reduced. 5. This Court is not inclined to interfere with the quantum of compensation for the following reasons: The deceased is aged 30 years and is a construction worker in the Municipal Corporation town of Trichy, which is supported by Ex.P.3, the membership card. Even if the income of Rs.4500/- fixed by the tribunal is disputed and the income is taken as Rs.4000/-, the total pecuniary loss will be Rs.5,44,000/- (4000 x 12 = Rs.48,000/- -1/3 = 32,000 x 17 = 5,44,000) . Since no amount has been granted for loss of consortium and a meager sum of Rs.3000/- has been granted for loss of love and affection to claimants, the excess amount that has been granted on conventional heads can be adjusted as below. The wife will be entitled to Rs.25,000/-for loss of consortium. The two children can be given Rs.15,000/- each for loss of love and affection on the death of their father taking note of their young age. The parents are entitled to Rs.5000/-each for the loss of love and affection on the death of their son. The balance amount can be adjusted for funeral expenses and conveyance expenses as the accident took place in the year 2004. 6. Hence, the total compensation worked out even on the basis of income of Rs.4000/-will be the same. Therefore, this Court does not find any good reason to interfere with the quantum of compensation. The interest at the rate of 7.5% granted by the Tribunal is also confirmed as the accident took place in the year 2004 and the award was passed in the year 2007. 7. In the result, the appeal is dismissed. Consequently, connected miscellaneous petition is also closed. The learned counsel for the appellant seeks six weeks time to deposit the entire amount. On such deposit being made the claimant is entitled to withdraw the same as per the order of the Tribunal. No costs.