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2012 DIGILAW 2434 (MAD)

Umarani v. Ravichandran

2012-06-14

P.DEVADASS

body2012
JUDGMENT 1. The dependents of a deceased Grade-I Police Constable are the appellants. 2. On 01.04.2002, in a road accident, the deceased had lost his life. It was due to the rash and negligent driving of the driver of the vehicle, owned by the first respondent, which has been insured with the second respondent. The Tribunal, totally awarded Rs.4,21,276/- 3. At the time of the accident, the deceased was a Grade-I Police Constable. Then he was 38 years old. As per Ex.A.10, salary certificate, his then monthly salary was Rs.6,146/. The first appellant is receiving Rs.2,929/- as family pension. This was deducted by the Tribunal. The Tribunal took the multiplier 16'. It had also deducted 1/3rd, from the arrived income towards pleasure and other expenses of the deceased. 4. According to the learned counsel for the appellants, the Tribunal ought not to have deducted 1/3rd of the amount and also deducted pension from the salary of the deceased. 5. Heard the learned counsel appearing for the second respondent/Insurance Company. 6. Now, the age of the deceased is ascertained. His monthly salary is evidenced by Ex.A10, salary certificate. Family pension is payable as per the Statute and the Rules governing their employment. Independent of payment of pension, the compensation under the Motor Vehicles Act is payable. Therefore, the Tribunal ought not to have deducted pension amount from the monthly salary of the deceased. 7. As per the judgment reported in (2009) 2 TNMAC 1 S.C. [Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another], when the family members of the deceased are 4 and above, deduction towards his pleasure and other expenses, should be 1/4th. But, the Tribunal deducted 1/3rd. As per Sarla Verma, for a person, who is below 40 years, the multiplier is 15'. However, the Tribunal took the multiplier 16'. 8. Salary to be taken for our purpose is Rs.4,610/-. Now, loss of dependency comes to Rs.4,610/- x 12 x 15 = Rs.8,29,800/-. Towards loss of consortium to first appellant, Rs.6,000/- alone has been granted. This is raised to Rs.10,000/-For appellants 2 to 5, towards loss of love and affection of the deceased, Rs.10,000/- each is granted. Towards cremation expenses, only Rs.2,000/-has been granted. It is enhanced to Rs.5,000/-. 9. Now, award amount is modified as follows:- 10. In the Claim Petition, the amount claimed is Rs.50,00,000/-. This is raised to Rs.10,000/-For appellants 2 to 5, towards loss of love and affection of the deceased, Rs.10,000/- each is granted. Towards cremation expenses, only Rs.2,000/-has been granted. It is enhanced to Rs.5,000/-. 9. Now, award amount is modified as follows:- 10. In the Claim Petition, the amount claimed is Rs.50,00,000/-. In the appeal memorandum, further claim has been restricted to Rs.3,00,000/-and accordingly, Court fee has been paid. Now, considering the evidence, oral and documentary, we have arrived at Rs.8,84,800/-. 11. The Tribunal as well as this Court, under Motor Vehicles Act must provide just compensation to the road accident victims. Providing just compensation is a Statutory duty of the Tribunal as well as this Court. In doing so, they could not go by the figures mentioned in the Claim Petition. Sometime, just compensation may be more than or less than the amount, claimed in the claim petition. 12. The Appeal is allowed. The appellants are awarded a total compensation of Rs.8,84,800/- with 9% interest p.a. from the date of claim petition till deposit. Within one week from today, the appellants will pay the additional Court fee, payable on the modified amount. Within four weeks' from the date of receipt of a copy of this judgment, the second respondent is directed to deposit the enhanced amount. The enhanced compensation amount shall be shared by all the appellants equally. The adult appellants shall be paid their share of amount. Minor appellants, on attaining majority and on furnishing proof, shall be permitted to withdraw their amount. Till such time, their share of amount shall be deposited in a Nationalized Bank upto their 18 years of age. However, quarterly interest due on the minors.