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2014 DIGILAW 3576 (MAD)

Govindammal v. M. Ganesh

2014-09-23

R.SUBBIAH

body2014
Judgment 1. Not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Chennai, in and by award dated 17.04.2008 in M.C.O.P.No.3586 of 2006, the claimants have filed the present appeal seeking enhancement of compensation. 2. Since the present appeal has been filed challenging the quantum of compensation alone, I am not dealing with the other aspects of the award passed by the Tribunal. 3. The appellants herein/claimants are the parents of the deceased Sathish, who died in the road accident that had occurred on 10.05.2006 involving the vehicle insured with the 2nd respondent herein/Insurance Company. It is the case of the claimants that the deceased Sathish was aged about 16 years at the time of accident and he was earning a sum of Rs.150/- per day by doing mechanic work. Thus, they made a claim for a sum of Rs.5 lakhs as compensation for the death of their son. 4. In order to prove the income earned by the deceased Sathish, no documentary evidence was produced on the side of the claimants before the Tribunal. Further more, P.W.1, mother of the deceased, in her cross-examination, had admitted that the age of the deceased was only 11 years. Hence, the Tribunal, by rejecting the case of the claimants that the deceased was earning a sum of Rs.150/- per day as a mechanic, by fixing a sum of Rs.15,000/-as notional annual income of the deceased and by applying the multiplier 15, has awarded a sum of Rs.2,25,000/-as compensation under the head of loss of dependency. That apart, the Tribunal has awarded a sum of Rs.5,000/- for transportation & funeral expenses, Rs.10,000/-each for loss of love and affection to the claimants. Thus, the Tribunal has passed an award for a total sum of Rs.2,50,000/- as compensation. Being dissatisfied with the same, the present appeal has been filed by the claimant seeking enhancement. 5. The learned counsel for the appellants/claimants submitted that the deceased Sathish was a minor boy aged about 11 years at the time of accident. By relying upon the judgment reported in (2014) 1 SCC 244 [Kishan Gopal and another Vs. Being dissatisfied with the same, the present appeal has been filed by the claimant seeking enhancement. 5. The learned counsel for the appellants/claimants submitted that the deceased Sathish was a minor boy aged about 11 years at the time of accident. By relying upon the judgment reported in (2014) 1 SCC 244 [Kishan Gopal and another Vs. Lala and others], it is further submitted by the learned counsel for the appellants/claimants that in the said case, for the death of a minor boy, aged between 10 to 15 years, by fixing a sum of Rs.30,000/-as notional annual income of the deceased and by applying multiplier 15, compensation has been awarded. Thus, it is submitted by the learned counsel for the appellants/claimants that following the said judgment, the compensation amount awarded by the Tribunal in the instant case also can be enhanced. 6. Per contra, the learned counsel for the Insurance Company made his submissions supporting the award passed by the Tribunal. 7. Keeping the submissions made on either side, I have carefully perused the materials available on record and I find that since no documentary evidence was produced by the claimants before the Tribunal to prove the income earned by the deceased, who was aged about 11 years at the time of accident, the Tribunal by placing reliance on the evidence P.W.1-Mother of the deceased, has fixed the notional annual income of the deceased as Rs.15,000/-. Based on the said amount, by applying multiplier 15, the Tribunal has awarded a sum of Rs.2,25,000/- under the head of loss of dependency. But, in the judgment relied on by the learned counsel for the appellants/claimants, reported (2014) 1 SCC 244 [Kishan Gopal and another Vs. Lala and others], in the identical set of facts, the Hon'ble Supreme Court has fixed a sum of Rs.30,000/-as annual income. The relevant portion from the said Judgment is as follows_ “In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000/- and further taking the young age of the parents, namely, the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in Sarala Verma Vs. DTC (2009)6 SCC 121 , the multiplier of 15 can be applied to the multiplicand. DTC (2009)6 SCC 121 , the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000/- and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC Vs. Susamma Thomas (1994) 2 SCC 176 , which is referred to in Lata Wadhawa case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000/- under conventional heads. In over view, for the aforesaid reasons, the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.” The dictum laid down in the above said judgment is squarely applicable to the case on hand also. Hence, I am of the opinion that in the instant case, by fixing a sum of Rs.30,000/- as notional annual income of the deceased and by applying multiplier of 15, the compensation has to be awarded for loss of dependancy. Accordingly, sum of Rs.2,25,000/- awarded by the Tribunal under the head of loss of dependancy is hereby enhanced to Rs.4,50,000/- (30,000 x 15 =4,50,000/-). 8. Further, considering the fact that the claimants have lost their son, at his tender age, sum of Rs.10,000/- each awarded by the Tribunal for the loss of love and affection to the claimants, is hereby enhanced to a sum of Rs.15,000/- each to the claimants. Similarly, sum of Rs.5,000/-awarded by the Tribunal together for transportation and funeral expenses, is on the lower side. Hence, a sum of Rs.5,000/- is hereby awarded for transportation and a sum of Rs.15,000/- is hereby awarded for funeral expenses. 9. Consequently, total compensation amount of Rs.2,50,000/- awarded by the Tribunal is hereby modified and enhanced to a sum of Rs.5,00,000/-. Break up details of the modified/enhanced compensation amount is as follows- Loss of dependency Rs.4,50,000/- Transportation Rs. 5,000/- Loss of love and affection (Rs.10,000/- each) Rs. 30,000/- Funeral expenses Rs. 15,000/- Total Rs.5,00,000/- 10. In view of the above modification, the Civil Miscellaneous Appeal is partly allowed. Break up details of the modified/enhanced compensation amount is as follows- Loss of dependency Rs.4,50,000/- Transportation Rs. 5,000/- Loss of love and affection (Rs.10,000/- each) Rs. 30,000/- Funeral expenses Rs. 15,000/- Total Rs.5,00,000/- 10. In view of the above modification, the Civil Miscellaneous Appeal is partly allowed. The Insurance Company/2nd respondent herein is directed to deposit the modified/enhanced compensation amount of Rs.5 lakhs, with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit, to the credit of the above said MCOP, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimants/appellants herein are entitled to withdraw the entire amount, in equal share, by making necessary application before the Tribunal.