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2013 DIGILAW 3989 (MAD)

T. Amul @ Amulu v. S. John Anthony

2013-11-25

S.VIMALA

body2013
Judgment 1. The appeal has been filed by the claimants aggrieved over the inadequacy of compensation awarded. 2. The deceased Kattaiah @ Thirumalai, aged 30 years, a cobbler by avocation, earning a sum of Rs.4,000/- per month died in an accident that took place on 31.03.2000. The claimants, viz., the wife, two minor sons and the mother, filed the claim petition for compensation claiming a sum of Rs.8 lakhs. 3. The Tribunal awarded a sum of Rs.3,05,600/-, under the following break-up details: Taking the monthly income at Rs.2,100/- and deducting a sum of Rs.700/- towards personal expenses of the deceased, the loss of income was arrived at Rs.1,400/- per month. Adopting the multiplier of 17, the loss of dependency has been quantified at Rs.2,85,600/-. Awarding a sum of Rs.5,000/- towards loss of consortium, Rs.5,000/- towards loss to estate, Rs.5,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses, the total compensation has been quantified at Rs.3,05,600/-. 4. Challenging the quantum of compensation as inadequate, the claimants have filed this appeal seeking enhancement of the compensation. 5. The first contention of the learned counsel for the claimants is that the monthly income has not been properly arrived at by the Tribunal and fixing the monthly income at Rs.2,100/- is very low. It is further pointed out that the Tribunal did not take into account the future prospective increase in income and that the deduction towards personal expenses cannot be one-third and it should be one-fourth, as the dependents, to be maintained by the deceased, are large in number. 6. The above contentions are well-founded and the Tribunal ought to have taken into account the future prospective increase in income. The Tribunal should have deducted only one-fourth towards personal expenses of the deceased and not one-third, as done by the Tribunal. 7. The learned counsel for the appellants/claimants also relied upon the deceased reported in 2011 (1) TN MAC 793 (The Managing Director, T.N. State Transport Corporation Ltd. vs. Valliammal), whereunder the monthly income has been taken as Rs.4,500/- in respect of an agriculturist. This decision cannot be relied upon, as in the claim petition itself, the claimants have stated that the income of the deceased was Rs.4,000/- per month. 8. If the income is taken at Rs.4,000/- per month, the future prospective increase should be at 50% and the monthly income would be Rs.6,000/-. This decision cannot be relied upon, as in the claim petition itself, the claimants have stated that the income of the deceased was Rs.4,000/- per month. 8. If the income is taken at Rs.4,000/- per month, the future prospective increase should be at 50% and the monthly income would be Rs.6,000/-. If one-fourth is deducted towards personal expenses, the loss of dependency would be Rs.4,500/- per month. Adopting the multiplier of 18, the loss of dependency comes to Rs.9,72,000/- (Rs.4,500/- x 12 x 18). 9. The amount of Rs.5,000/- awarded to each of the four claimants towards loss of consortium and towards loss of love and affection respectively and the award of Rs.5,000/- towards funeral expenses are confirmed. Thus, a sum of Rs.9,97,000/- is awarded as compensation. 10. In the result, the Civil Miscellaneous Appeal is allowed, enhancing the award amount from Rs.3,05,600/- to Rs.9,97,000/-. The second respondent/insurance company shall deposit the entire amount of compensation along with interest at 7.5% p.a. from the date of petition till the date of deposit, less the amount already deposited if any. On such deposit, the first appellant and the fourth appellant are entitled to withdraw their share of the amount, as ordered by the Tribunal. The appellants/claimants shall pay the court fee payable in respect of Rs.1,97,000/-, (which is over and above Rs.8,00,000/-, which is the claim in the claim petition), before they receive the amount from the Claims Tribunal. 11. The share of the two minor sons shall be reinvested in any nationalised bank in a fixed deposit, initially for a period of three years and renewable thereafter periodically, till they attain majority. The interest accruing on such deposit shall be paid directly to the first claimant once in three months, to be utilised for the benefit of the minor children, under intimation to the Tribunal. On attaining the age of majority, the claimants 2 and 3 are entitled to withdraw their share. No costs.