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2009 DIGILAW 1827 (MAD)

Bharathi & Others v. The Managing Director, TNSTC (PATC), Vellore

2009-06-19

S.PALANIVELU

body2009
Judgment :- 1. In the claim petition it is alleged that on 210. 2001 at about 4.00 p.m. while the deceased was driving in his own Auto bearing Registration No.TN-23-Q-2082 from Arcot to Vellore, a bus belonging to the respondent Transport Corporation bearing Registration No, TN-23-N-1419 was driven by its driver in a rash and negligent manner and dashed against the auto and the deceased died on the spot. He was owner cum driver for the auto and was earning Rs.6,000/-per month. Hence, Rs.10 lakhs is claimed as compensation by the claimants. 2. In the counter filed by the respondent/Transport Corporation it is stated that though the driver of the Corporation is made party of the proceedings, the accident did not take place as alleged in the petition. The deceased did not know how to drive Auto-rickshaw. Because of his lack of knowledge in driving, the drove the vehicle at excessive speed, could not control the vehicle, which crossed the median line and veered onto the extreme right side of the road and on seeing it, the bus driver stopped the bus, but the auto driver did not stop the vehicle and collided head on against the bus and that he is entirely responsible for accident. Auto-rickshaw was one used for the transport of goods but at the time of accident, due to over load, the driver was not able to drive his auto property. The age, income and other factors are not correct. The claim is excessive. Hence, the claim petition has to be dismissed. 3. There is not much dispute with regard to the fastening the liability upon the bus driver. The Tribunal analyses the evidence of PW.2, an eye witness and also the Driver and Conductor of the bus who were examined as R.W.1 and R.W.2, and reached a conclusion that the driver of the bus was at fault. There is nothing to differ from the above said observation and they are confirmed. 4. As regard the quantum of compensation as fixed by the Tribunal is concerned, the learned counsel for the claimant states that it is on the lower side. The Tribunal has taken into consideration of Rs.50/- as daily income and annual income as Rs.18,000/-, it applied multiplier 16 and arrived at Rs.2,88,000/-as total loss of income in which 1/3rd has been deducted and Rs.1,92,000/-has been assessed as loss of income. The Tribunal has taken into consideration of Rs.50/- as daily income and annual income as Rs.18,000/-, it applied multiplier 16 and arrived at Rs.2,88,000/-as total loss of income in which 1/3rd has been deducted and Rs.1,92,000/-has been assessed as loss of income. Apart from that, Rs.3,000/- for Funeral Expenses, and Rs.5,000/-each, towards loss of love and affection and loss of consortium have also been awarded. In total the Tribunal has fixed Rs.2,05,000/- as compensation to the claimants. 5. In view of this Court the above award appears to be on the lower side. It is in evidence that the deceased was earning a sum of Rs.6,000/-per month as driver and he was also owning an Auto. Learned counsel for the claimant would also say that the future prospects may also be considered and it may also be taken for assessing compensation. In the circumstance available in the case, the monthly income of the deceased is fixed as Rs.3,000/- and after deducting 1/3rd, it may be observed that he may be contributed to Rs.2,000/- to his family and appropriate multiplier to be applied is 15 since he was aged 35 years at the time of accident. Hence the total dependency would be Rs.3,60,000/-. Rs.10,000/-is fixed towards loss of consortium for the first claimant/wife instead of toward loss of consortium for the first claimant/wife instead of Rs.5,000/. The second and third claimants are their minor daughters, 4th claimant is mother of the deceased, a sum of Rs.10,000/-is granted towards loss of love and affection and Rs.5,000/- for funeral expenses is also awarded. In total the claimants are eligible Rs. 3, 85,000/- as compensation. 6. In fine, the Civil Miscellaneous Appeal is allowed in part enhancing the compensation from 2,05,000/- to Rs.3,85,000/-, in which the first claimant in entitled for a sum of Rs.1,85,000/, 2nd and 3 claimants are entitled for Rs.75,000/-each; 4 respondent is eligible for Rs.50,000/-. The award amount allotted for the minors shall be in Court deposit till they attain majority. The first claimant is permitted to withdraw the interest once in six months on behalf of her minor children and the claimants 1 and 4 are permitted to withdraw 50% of the award amount with interest, for which they are eligible at the first instance and the balance on a future date as fixed by the Tribunal. The first claimant is permitted to withdraw the interest once in six months on behalf of her minor children and the claimants 1 and 4 are permitted to withdraw 50% of the award amount with interest, for which they are eligible at the first instance and the balance on a future date as fixed by the Tribunal. The respondent corporation in directed to deposit the enhanced compensation within eight weeks. No costs.