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2014 DIGILAW 1894 (MAD)

Managing Director v. G. Annakkili

2014-07-03

K.KALYANASUNDARAM

body2014
Judgment : 1. Being aggrieved over the award passed by the Motor Accidents Claims Tribunal (Fast Track Court No.I), Tiruchirappalli, the Transport Corporation has filed this appeal. 2. The case of the claimants is that on 26.01.2003, the deceased Govindan was proceeding in his bicycle on Trichy – Chennai Highway. When he was nearing Chatram Bus Stand, a bus bearing Registration No.TN-55-N-0124, dashed against the deceased and in that process, he sustained grievous injuries. Immediately, the injured was admitted at Trichy Government Hospital, where he succumbed to the injuries on the same day. Alleging that the driver of the bus was responsible for the accident, the legal heirs of the deceased laid a petition before the Tribunal claiming a compensation of Rs.10,00,000/-. 3. The appellant Transport Corporation has filed counter denying the age, income and occupation of the deceased and the manner of accident. Before the Tribunal, the claimants examined three witnesses and examined Exs.P1 to P7. On the side of the appellant, one Manickam was examined as R.W.1, but they have not produced any document. The Tribunal, relying upon the evidence of eye witness P.W.2 and Ex.P2- First Information Report, held that the driver of the appellant was responsible for the accident and awarded Rs.4,40,000/- as compensation with interest at 7.5%. Challenging the award passed by the Tribunal, the present appeal has been filed. 4. Heard Mr. M. Prakash, learned counsel for the appellant and Mr. Prasanna Vinoth, learned counsel for the respondents. 5. The learned counsel for the appellant submitted that the award passed by the Tribunal is excessive. 6. Per contra, the learned counsel for the respondents made submissions in support of the findings given by the Tribunal. 7. The appellant has filed this appeal only disputing the quantum awarded by the Tribunal. 8. P.W.1 has given evidence stating that the deceased was 47 years old at the time of accident and he was earning a sum of Rs.5,000/- per month. Ex.P7-Transfer Certificate of the deceased would show that he was born on 01.01.1958. The Tribunal, on the basis of evidence of P.W.1 and Ex.P7, fixed the age of the deceased as 47. Ex.P5 is the Salary Certificate of the deceased which shows that he was drawing Rs.4,015/- per month. Ex.P7-Transfer Certificate of the deceased would show that he was born on 01.01.1958. The Tribunal, on the basis of evidence of P.W.1 and Ex.P7, fixed the age of the deceased as 47. Ex.P5 is the Salary Certificate of the deceased which shows that he was drawing Rs.4,015/- per month. The Tribunal arrived at the net salary of the deceased at Rs.3,913/- and deducted 1/3rd towards personal and living expenses of the deceased and fixed Rs.2,500/- towards contribution to the family. 9. As per the judgment of the Supreme Court in SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER, reported in (2009) 4 MLJ 997, the proper multiplier would be 13. The Tribunal, by adopting 13 multiplier, has awarded Rs.3,90,000/- towards loss of dependency (Rs.2,500/- x 12 x 13). The Tribunal has further awarded Rs.15,000/- towards loss of consortium to the first claimant, Rs.30,000/- towards loss of love and affection to the other claimants and Rs.5,000/- towards funeral expenses. Thus, the Tribunal has awarded a total compensation of Rs.4,40,000/-. The Tribunal, relying upon Ex.P5-Salary Certificate, and the evidence of P.W.1, has fixed the income and awarded a just compensation as per law. The award of the Tribunal is just and reasonable and the same is confirmed. 10. In the result, the compensation awarded by the Tribunal is confirmed and the Civil Miscellaneous Appeal is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 11. In view of the dismissal of the appeal, the appellant shall deposit the entire award amount with accrued interest and costs, less the amount already deposited, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the major claimants are permitted to withdraw their entire share, with proportionate interest and costs. The Tribunal shall deposit the entire share of the minor claimants 3 and 4 / respondents 3 and 4 herein, in a Nationalised Bank in a Fixed Deposit under reinvestment scheme. On attaining the age of majority, the minor claimants are permitted to withdraw their respective shares from the deposit.