Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 3922 (MAD)

Managing Director Metropolitan Transport Corporation v. Santhanameri

2013-11-14

S.VIMALA

body2013
Judgment 1. The compensation awarded at Rs.2,00,000/- in favour of the mother, when the deceased aged about 28 years died in an accident that took place on 21.03.1990, is under challenge by the Transport Corporation as exorbitant, in the Civil Miscellaneous Appeal and is under challenge as inadequate by the claimant in the Cross Objection. 2. A perusal of the order of the Claims Tribunal would go to show that multiplier of 13 has been adopted by taking into account the age of the claimant. It is the contention of the learned counsel for the Cross Objector / Claimant that it is only the age of the deceased that ought to have been taken into consideration for fixing the loss of income. It is further pointed that when the age of the deceased is 28 years, the appropriate multiplier is 17 and not 13, as adopted by the Tribunal. 3. However, it is contended by the learned counsel for the Transport Corporation that in the case of death of a bachelor, 50% deduction ought to have been done towards personal expenses and not one-third as done by the Claims Tribunal. Therefore, the award has to be suitably modified by determining the appropriate income, proper multiplier and making suitable deductions. 4. The monthly income of the deceased is stated to be Rs.2,500/. In that case, the annual income would be Rs.30,000/-. Deducting 50% towards personal expenses, as it is a case of death of a bachelor, the loss of annual income would be Rs.15,000/-. Adopting the multiplier of 17, the compensation payable towards loss of income would be Rs.2,55,000/-. 5. The learned counsel for the cross objector/claimant has pointed out that the claimant / mother is suffering on account of loss of her only son and therefore, the compensation should be awarded at the higher rate. Accepting this contention, a sum of Rs.40,000/- is awarded towards loss of love and affection. A further sum of Rs.5,000/- towards funeral expenses is awarded. Thus, totally a sum of Rs.3,00,000/- is awarded as compensation. 6. The learned counsel for the Transport Corporation submitted that the rate of interest should be reduced from 9% to 6%, as the enhancement is considered after the long lapse of 11 years. A further sum of Rs.5,000/- towards funeral expenses is awarded. Thus, totally a sum of Rs.3,00,000/- is awarded as compensation. 6. The learned counsel for the Transport Corporation submitted that the rate of interest should be reduced from 9% to 6%, as the enhancement is considered after the long lapse of 11 years. It is also pointed that the Transport Corporations are under the heavy burden on account of payment of interest for long number of years, when the pendency is not attributable to the conduct of the Transport Corporation. Considering the submission made, the rate of interest is reduced from 9% to 6%. 7. In the result, the Civil Miscellaneous Appeal is dismissed and the Cross Objection is allowed, enhancing the award of compensation from Rs.2,00,000/- to Rs.3,00,000/-. The Transport Corporation is directed to deposit the enhanced amount of compensation, i.e., Rs.1,00,000/-, together with interest at 6% p.a. from the date of petition till the date of deposit, within a period of eight (8) weeks from the date of receipt of a copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount, less the amount already withdrawn if any. No costs.