Managing Director, Tamilnadu State Transport Corporation Limited v. Manimekalai
2012-10-04
P.DEVADASS
body2012
DigiLaw.ai
Judgment :- 1. The State Transport Corporation questions the quantum of compensation awarded to the claimants. 2. On 03.06.2007, in a road accident, one Rajendran died. It is due to the rash and negligent driving of the driver of the appellant Corporation. The claimants were totally awarded Rs.3,97,000/-. 3. Learned counsel for the Transport Corporation contended that wrong multiplier and excessive income has been taken and that has resulted in awarding huge compensation. 4. On the other hand, the learned counsel for the claimants contended that the deceased supported a huge family. However, the Tribunal deducted 1/3. For respondents 2 to 5, a very less amount has been granted for the loss of love and affection of the deceased. Towards cremation expenses, lesser amount has been granted. 5. At the time of accident, the deceased was 45 years old. He was a driver. Ex.P4 is his driving license. The Tribunal taken Rs.3,000/-as his monthly income and deducted 1/3 from it towards his pleasure and other expenses. It had taken the multiplier 15'. 6. As per the Apex decision inSARLA VERMA & OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER, (2009(6)SCC 121) in case there are five dependents the deduction from the income of the deceased for his expenses should be 1/5. As per the very same decision, for the age of 45, the multiplier must be 14'. 7. Now calculating on the above line, the loss of dependency comes to Rs.4,03,200/-(Rs.2400X12X14). Towards loss of love and affection, put together, respondents 2 to 5 were granted only Rs.5,000. Love and affection is a loss to each claimant. It is an individuals loss. Each must be compensated separately. Under this head, we award Rs.10,000/- each (Rs.40,000=Rs.10,000X4) to claimants 2 to 5. Towards cremation expenses, Rs.2,000/- alone has been granted. Nowadays, burying expenses are worrying because each item of expenditure for giving a decent burial to a dead man is on the rise. In the facts and circumstances, we raise it to Rs.5,000/-. In other respects, we are not interfering with the award of the Tribunal. 8. In the result, the total amount of compensation awarded by the Tribunal is modified. Now, the respondents are awarded a total compensation of Rs.4,73,200/- together with interest at 9% p.a. from the date of filing the original petition till deposit.
In other respects, we are not interfering with the award of the Tribunal. 8. In the result, the total amount of compensation awarded by the Tribunal is modified. Now, the respondents are awarded a total compensation of Rs.4,73,200/- together with interest at 9% p.a. from the date of filing the original petition till deposit. Within four weeks from the date of receipt of a copy of this judgment, the Appellant shall deposit the entire compensation amount less amount, if any already deposited. On such deposit, the entire amount less amount if any already withdrawn as allocated by the Tribunal shall be paid to the claimants. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. The connected Miscellaneous Petition is closed.