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2010 DIGILAW 4886 (MAD)

Madari Nannuri Lakshmi v. Karamjeet Singh Dhahoa

2010-11-02

R.SUBBIAH

body2010
Judgment :- 1. By consent of both sides the main Appeal itself is taken up for disposal. 2. Not being satisfied with the award passed by the Tribunal, the present Appeal is filed by the Claimants in and by award dated 29.5.1998 made M.A.C.T.O.P. No.509 of 1994 on the file of the Motor Accidents Claims Tribunal, (III Additional District Judge), Pondicherry. 3. The Appellants are the parents of the deceased, It was the case of the Appellants before the Tribunal that the deceased was aged about 24 years and he was a final year B.Tech., student in Pondicherry University at the time of the accident and he had been selected for the entrance test conducted for M.B.A. Course. Under such circumstances, by considering the educational qualification of the deceased, the Tribunal ought to have fixed at least a minimum sum of Rs.3,000/- p.m. as Loss of Income to the Claimants and ought to have made the calculation by applying the correct multiplier to arrive at just and proper compensation under the head “Loss of Income”. But instead of doing so, the tribunal has awarded a consolidated sum of Rs.2,00,000/- as compensation, which is not an adequate compensation. Therefore, the amount awarded by the Tribunal has to be enhanced by way of re-assessment on review. 4. Per contra, the learned counsel, appearing for the Respondent made his submission by supporting the award passed by the Tribunal. 5. Keeping in mind the sub missions made on either side and after going through the reasoning given in the award, I find that the deceased was a Third year student in B.Tech in Pondicherry University and had he been alive, after completing his studies, he would earned more income. Under such circumstances as contended by the learned Counsel appearing for the Appellants by fixing a sum of Rs.3,000/- as the monthly income, compensation could be awarded under the head “Loss of Income”. Further, I find that the mother of the deceased was aged about 44 years at the time of death of her son. As per the II Schedule of the Motor Vehicles Act, the correct multiplier of the mother of the deceased is “15”. Considering the facts and circumstances of the case, by fixing a sum of Rs.3,000/-p.m. as the loss of income and by applying the multiplier “15”, the amount has to be calculated under the Head “Loss of Income”. As per the II Schedule of the Motor Vehicles Act, the correct multiplier of the mother of the deceased is “15”. Considering the facts and circumstances of the case, by fixing a sum of Rs.3,000/-p.m. as the loss of income and by applying the multiplier “15”, the amount has to be calculated under the Head “Loss of Income”. If a sum of Rs.3,000/- is fixed as the monthly income, then the annual loss of income works out to Rs.36,000/- and if one third amount is deducted towards the Personal Expenses, the balance amount works out to Rs.24,000/- (Rs.36,000-12,000) which sum could be taken as the annual loss of contribution to the family and if the multiplier “15” is applied, the total amount works out to Rs.3,60,000/-. Hence, the sum of Rs.2,00,000/- awarded by the Tribunal as compensation is hereby enhanced to Rs.3,60,000/- under the head “Loss of Income”. Further, considering the facts and circumstances of the case, a sum of Rs.10,000/- is awarded under the head “Loss of Love and Affection” and a sum of Rs.5,000/- is awarded under the head “Funeral Expenses”. Consequently, the sum of Rs.2,00,000/- awarded by the Tribunal as compensation is hereby enhanced to Rs.3,75,000/-. However, it is made clear that the Appellants/Claimants are entitled to the interest t the rate of 7.5% p.a. from the date of filing the Appeal namely 27.10.2010. The break-up of the modified compensation is as follows: Loss of Income Rs.3,60,000/- Loss of Love and Affection Rs. 10,000/- Funeral Expenses Rs. 5,000/- Total Rs.3,75,000/- 6. Therefore, the Second Respondent/Insurance Company is directed to deposit the modified compensation of Rs.3,75,000/- with the interest at 7.5% p.a. from the date of numbering the Appeal within a period of eight weeks, from the date of receipt of a copy of this order less the amount is already deposited. On such deposit the Appellants 1 and 2 are permitted to withdraw their respective shares with interest. 7. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs.