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2012 DIGILAW 2346 (MAD)

Kalyani v. Natarajan

2012-06-08

P.DEVADASS

body2012
Judgment :- 1. The claimants, who are dependents of the deceased in the road accidenthave directed this appeal to enhance the compensation amount awarded to them by the Tribunal. 2. On 09.07.2000, at about 08.45 p.m. at a place in Chennai, when Chandrasekaran came driven his two-wheeler, the driver of the first respondent came driven his lorry in a rash and negligent manner and hit against the bike-rider, resulting in his death. 3. The wife, parents and three children, all numbering six, of the deceased have sought for compensation from the Motor Accident Claims Tribunal (IV Judge, Court of Small Causes), Chennai in M.A.C.T.O.P.No.182 of 2002. The Tribunal fixing the monthly income of the deceased at Rs.9,000/-, deducted 1/3rd from it towards his personal and other expenses and arrived at Rs.6,000/-per month as his income, fixing his age at 45, adopted the multiplier 13 and accordingly, arrived at Rs.9,36,000/- towards loss of dependency and further it had awarded Rs.10,000/-to the 1st appellant for loss of consortium, Rs.10,000/- to the parents of the deceased for loss of love and affection and Rs.10,000/- for loss of future support to the family. Thus, in all, it had awarded Rs.9,66,000/-. 4. Learned counsel for the appellants referring to SMT.SARALA VERMA & ORS. Vs. DELHI TRANSPORT CORPORATION & ANOTHER [2009 (2) TN MAC 1 (SC)] submitted that the correct multiplier should be 15, 30% of salary to be added to the gross salary for loss of future prospects and salary increase, since the family consists of six members, the deductions towards pleasure and other expenses of the deceased from his salary ought to have been 1/4th and not 1/3rd. The learned counsel added that no amount towards cremation expenses was also given. 5. On the other hand, the learned counsel for the Insurance Company contended that the Tribunal had taken into account the correct multiplier, made correct deduction from the income and awarded them just compensation. 6. The accident had taken place on 09.07.2000 and the victim died on that day. As per Ex.P2-Postmortem certificate and Ex.P3-SSLC School Certificate, he was then 45 years old. Then he was employed as a Sub-staff in the Central Co-operative Bank, Chennai. 7. As per Ex.P4-Salary Certificate, on the date of his death, namely, 09.07.2000, his gross monthly salary was Rs.9,906/-. However, the Tribunal had taken only Rs.9,000/-and left out Rs.906/-. This is not correct. 8. Then he was employed as a Sub-staff in the Central Co-operative Bank, Chennai. 7. As per Ex.P4-Salary Certificate, on the date of his death, namely, 09.07.2000, his gross monthly salary was Rs.9,906/-. However, the Tribunal had taken only Rs.9,000/-and left out Rs.906/-. This is not correct. 8. There is no evidence that how long the deceased could have been employed, had he not died. There is no evidence as to his future prospects. There is no evidence that whether he has chance of promotion, if so, what would be hypothetical salary increase. None from the Bank/Employer of the deceased has been examined to speak to these aspects. In the circumstances, the plea for adding 30% of the salary cannot be entertained. 9. The Tribunal had deducted 1/3rd of the salary towards pleasure and other expenses of the deceased. In SARALA VERMA (supra), the Hon'ble Apex Court held that when the deceased was married and his family consists of 4 to 6 persons the deduction should be 1/4th. Now, in the present case, the family of the deceased consists of six persons. Those six persons are the claimants/appellants in this case. So, in the facts and circumstances, the deduction from his salary should be 1/4th. It is Rs.2,477/-. Deducting this, the salary for our purpose comes to Rs.7,429/- p.m. 10. The Tribunal had taken the multiplier 13. The age of the deceased at the time of accident was 45. As per SARALA VERMA (supra), the multiplier should be 14. 11. In the light of the above, the total compensation shall be arrived at Rs.12,48,072/-(Rs.7,429/- x 12 x 14). No amount towards cremation expenses has been granted. So, towards cremation expenses, Rs.5,000/-is granted. Thus, the total compensation is arrived at Rs.12,53,072/-. 12. In the result, the compensation awarded is raised from Rs.9,66,000/-to Rs.12,53,072/- with interest @ 9% p.a., from the date of original petition till deposit. The 2nd respondent shall deposit the enhanced compensation amount within 4 weeks from the date of receipt of a copy of this judgment. The appellants shall share the compensation amount equally. On deposit, the appellants shall withdraw their share of compensation amount by making appropriate application. The Appeal is allowed to the extent indicated above. No costs.