R. Venkatesan v. Tamilnadu State Transport Corporation Ltd. , rep. by its Managing Director, Villupuram District
2013-01-23
S.MANIKUMAR
body2013
DigiLaw.ai
JUDGMENT 1. Dissatisfied with the quantum of compensation of Rs.5,35,000/- with interest at the rate of 7.5% per annum awarded, the parents and brothers of the deceased aged about 26 years, have sought for enhancement. The deceased was stated to be a priest and engaged in Real Estate business. 2. Inviting the attention of this Court to the avocation of the deceased vi.z, priest, as evidenced in the earliest document Ex.P1, FIR, lodged by the brother of the deceased / 3rd appellant herein and the oral testimony of P.W.s 1 to 3, Mr.V.Kumaravelan, learned counsel for the appellant submitted that the claims tribunal having regard to the avocation of the deceased ought to have fixed the monthly income at Rs.20,000/- for the purpose of computing the loss of contribution to the family. Except the above, no other submissions has been made. 3. Per contra, Mr.G.Palani, learned counsel appearing for the transport corporation submitted that the over all quantum of compensation of Rs.5,35,000/- awarded to the legal representatives of the deceased, is just and reasonable. He also submitted that in the absence of any documentary evidence to prove the avocation and the income, loss of contribution, need not be computed by fixing the monthly income of the deceased at Rs.20,000/-. For the above said reasons, he prayed for dismissal of the appeal. 4. Heard the learned counsel for the parties and perused the materials available on record. 5. As rightly pointed out in Ex.P1, FIR, lodged by Mr.V.Murali, the 3rd appellant herein and the brother of the deceased, aged about 25 years, the avocation of the deceased at the time of accident i.e. on 26.08.2011, is shown as a temple priest. The deceased was aged 26 years. PW1, mother of the deceased in her proof affidavit has stated that the deceased, as priest was also engaged in Real Estate business and earned Rs.20,000/-per month. During cross examination, PW1, has affirmed that the deceased was a priest and was performing all kinds of poojas and rituals. PW2, is an independent witness. He has not said anything about the avocation. PW3, another witness examined on behalf of the appellants was a priest in Sri Kalatheeswarar Gnana Prasanambiga temple. According to him, the deceased as a priest was conducting poojas, performing marriages and house warming ceremonies and assisted him.
PW2, is an independent witness. He has not said anything about the avocation. PW3, another witness examined on behalf of the appellants was a priest in Sri Kalatheeswarar Gnana Prasanambiga temple. According to him, the deceased as a priest was conducting poojas, performing marriages and house warming ceremonies and assisted him. PW3 has deposed that whenever poojas and ceremonies were performed by him, he would take the assistance of others and deceased was one among them. During cross examination, he has also asserted the avocation of the deceased. 6. After considering the oral testimony of Pws1 and 3, the claims tribunal came to a conclusion that the deceased would have been engaged as a priest. However, in the absence of any documentary evidence to prove the exact income earned by the deceased, the claims tribunal, declined to fix the monthly income at Rs.20,000/-for the purpose of computing loss of contribution to the family. Therefore, determining the same at Rs.5,000/- per month proceeded to compute the compensation by following the principles of law in Sarla Verma and Others Vs. Delhi Transport Corporation, reported in 2009 ACJ 1298 and awarded a sum of Rs.5,10,000/-towards loss of contribution to the family. 7. As per the details furnished in the claim petition, the deceased was the eldest son. Admittedly, the claimants belong to Brahmin community. As stated supra, in the earliest document, Ex.P1, FIR, lodged by the brother of the deceased, the avocation is shown as a priest. To prove the avocation, PW1, mother has also let in evidence. PW3, a priest in some other temple and associated with the family of the deceased has also supported the avocation pleaded and further added that the deceased was one among the priests engaged by him to assist in performing poojas and ceremonies. The claims tribunal has also accepted the avocation. 8. As rightly observed, no document has been filed to prove the income. If he was engaged as a poojari in a temple under the purview of Hindu Religious and Charitable Endowment Department, there would have been an order of appointment by the Trustees.
The claims tribunal has also accepted the avocation. 8. As rightly observed, no document has been filed to prove the income. If he was engaged as a poojari in a temple under the purview of Hindu Religious and Charitable Endowment Department, there would have been an order of appointment by the Trustees. If he was otherwise engaged in a private temple, either the owner of the private temple or Trustee of such temple or a Member of any committee would have come forward to lead evidence to prove that there was a continuous engagement and earning from such temple and that the deceased was also paid a reasonable income by the temple authorities. In the case on hand, there is no such evidence. On the contra, as per the oral testimony of PW3, a priest in Sri Kalatheeswarar Gnana Prasanambiga temple, it is evident that as and when there were ceremonies and poojas to be performed by him, the assistance of the deceased was taken. Certainly the deceased would have learnt vedic scripts and how to perform poojas and ceremonies, otherwise, he would not have been engaged by another priest. Therefore, his credentials cannot be ignored. But at the same time, in the absence of proof of regular income from any particular temple, or some document, like a pass book or any other document indicating that the income of the deceased was Rs.20,000/-, this Court is unable to accept the claim. Permanent income from any temple has not been established. Considering the evidence of PW1 and PW3, the deceased cannot be compared with a manual worker for determining his income. 9. In the light of the above this Court is inclined to fix the monthly income of the deceased at Rs.6,000/- for the purpose of computing the loss of contribution to the family. The deceased was a bachelor and the appropriate multiplier for the age of the deceased is 17'. After deducting 50%, the loss of contribution to the family works out to Rs.6,12,000/- [Rs.6,000/- x ½ x 12 x 17]. A sum of Rs.15,000/- alone has been awarded for loss of love and affection for four persons. Therefore, this Court is inclined to award Rs.10,000/- each for love and affection. Rs.5,000/- each awarded for funeral expenses and transportation is reasonable.
A sum of Rs.15,000/- alone has been awarded for loss of love and affection for four persons. Therefore, this Court is inclined to award Rs.10,000/- each for love and affection. Rs.5,000/- each awarded for funeral expenses and transportation is reasonable. In addition to the above, this Court is inclined to award a sum of Rs.5,000/- for loss of estate and Rs.500/- for damages to clothes. The total compensation works out to Rs.6,67,500/- as detailed hereunder. The award of the tribunal is enhanced and the Civil Miscellaneous Appeal is allowed. No costs. 10. The respondent-Managing Director, Tamilnadu State Transport Corporation, Vellore is directed to deposit the entire award amount now determined by this Court, viz., Rs.6,67,500/-with proportionate accrued interest and costs to the credit of M.C.O.P.No.518 of 2011 on the file of the Motor Accidents Claims Tribunal (Sub Court), Tirupattur, Vellore within a period of four weeks from the date of receipt of a copy of this order. If the Transport corporation has already deposited the amount awarded by the tribunal with interest at the rate of 7.5% per annum and costs, then the Corporation is directed to deposit the enhanced amount of Rs.1,32,500/-with proportionate accrued interest at the rate of 7.5% per annum from the date of claim and the litigation costs to the credit of the abovesaid MCOP within the stipulated period. On such deposit, appellants/claimants are permitted to withdraw their share in the award amount now enhanced, as apportioned by the tribunal, with proportionate accrued interest and costs, by making proper applications.