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2012 DIGILAW 3611 (MAD)

R. Mahalakshmi v. P. Poomalai

2012-08-16

ARUNA JAGADEESAN

body2012
Judgment :- 1. This Civil Miscellaneous Appeal has been preferred by the claimants who are dissatisfied with the award passed by the Mottor Accidents Claims Tribunal/Chief Judge, Court of Small Causes, Chennai in M.C.O.P.No.4 of 1999 dated 11.08.2003. 2. The Tribunal has awarded a sum of Rs.6,16,000/-as compensation to the legal representatives of the deceased also Ravi, who died in the accident occurred on 13.10.1998. 3. As regards negligence aspect, the Tribunal considering the evidence on record, has held that there was negligent act on the part of the driver of the offending vehicle and the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle. The finding recorded by the Tribunal with regard to the actionable negligence has not been assailed or impeached by the Insurance company. Hence, the said findings of the Tribunal with regard to negligence aspect, fixing the same on the part of the driver of the offending vehicle is liable to be confirmed and accordingly it is confirmed. 4. There is no dispute that the deceased was working as a sweeper and was 28 years old at the time of accident. Ex.P8-Service Register shows that his monthly gross salary Rs.3,300/-. However, the Tribunal determined the monthly income as Rs.3,000/-erroneously. Therefore, the monthly income is determined as Rs.3,300/-. No amount has been awarded towards future prospects. The Hon'ble Supreme Court reported in 2009(2) TANMAC page I (SC), Saralaverma Vs. Delhi Transport Corporation has held that an addition of 50% of actual salary of the deceased, towards future prospects has to be added where the deceased had a permanent job and was below 40 years. In this case, the deceased had a permanent job and he was aged about 28 years at the time of the accident and therefore, 50% of the amount is required to be added towards future prospects. As the deceased was aged about 28 years and dependants are four in number, as per the Judgment of Hon'ble Supreme Court cited supra 1/4th of the amount needs to be deducted towards personal expenses. The loss of dependency at Rs.44,550/ multiplied by the multiplier of 17 would come to Rs.7,57,350/-. 5. The Tribunal has awarded Rs.15,000/- for loss of consortium, Rs.10,000/- for loss of estate and Rs.5,000/- towards funeral expenses and are hereby confirmed. 6. The loss of dependency at Rs.44,550/ multiplied by the multiplier of 17 would come to Rs.7,57,350/-. 5. The Tribunal has awarded Rs.15,000/- for loss of consortium, Rs.10,000/- for loss of estate and Rs.5,000/- towards funeral expenses and are hereby confirmed. 6. However, for loss of love and affection, a sum of Rs.10,000/- has been awarded to the appellants, which is required to be enhanced. Accordingly for loss of love and affection Rs.20,000/- is hereby awarded. In all other aspects, the award of the Tribunal is confirmed. 7. Accordingly, a sum of Rs.6,16,000/- awarded by the Tribunal is hereby enhanced to Rs.8,07,350/- which is rounded off Rs.8,07,000/-in the following manner:- 8. The award of interest at the rate of 9% per annum for a sum of Rs.6,16,000/-remain un-altered. The enhanced amount awarded by this Court would carry interest at the rate of 7.5% per annum from the date of petition till the date of deposit. 9. It is reported by the 2nd respondent / Insurance Company that they have already deposited the entire amount awarded by the Tribunal. The 2nd respondent / Insurance Company is directed to deposit the enhanced amount together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit, within a period six weeks from the date of receipt of a copy of this order, before the Tribunal. On such deposit is being made, the claimants / appellants 1 and 4 are permitted to withdraw their share as per the apportionment fixed by the Tribunal. The share of minors 2 and 3 shall be deposited in any one of the Nationalised Banks till they attain majority. 10. In the result, the appeal is partly allowed. No costs.