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Madras High Court · body

2015 DIGILAW 493 (MAD)

P. Kanniyammal v. G. Krishnakumar

2015-01-29

D.HARIPARANTHAMAN

body2015
Judgment 1. This civil miscellaneous appeal has been filed against the award dated 14.06.2012, passed in M.C.O.P. No. 14 of 2009 on the file of the Motor Accidents Claims Tribunal/District Judge, Karur. 2. In an unfortunate road accident, the first appellant lost her husband at her age of 33 years. Her husband was aged 39 years at that time. He died leaving behind him his wife, three children (two among them are minors) and also his mother. The appellants herein filed M.C.O.P. No. 14 of 2009 on the file of the Motor Accidents Claims Tribunal/ District Judge, Karur. 3. Before the Tribunal, the appellants examined four witnesses and marked exhibits Exs.P.1 to 18. The second respondent herein/Insurance Company examined one witness and marked two exhibits viz., Exs.R.1 and R.2. Apart from the same, two documents were marked through P.W.3 as Exs.X.1 and X.2. 4. The case of the appellants before the Tribunal was that the deceased was employed in Omsakthi-A-Tex, a Dyeing Factory at Karur and he was paid Rs.4,500/- per month. The employer was examined as P.W.3. He deposed that the deceased was employed in their establishment and he has also produced Ex.P.7/salary certificate. As per the certificate, the deceased was paid Rs.4,500/- per month. P.W.3 also deposed that the deceased was paid Rs.6,000/- as bonus every year. Thus, the deceased has earned Rs.60,000/- per annum. But the Tribunal took the earning of the deceased at Rs.175/- per day, that too restricting it to 23 days per month. Thereafter, Rs.50/- was deducted from the daily wage towards the personal expenses. Thus, per day earning was arrived at Rs.125/- and the monthly earning was arrived at Rs.2,875/- by the Tribunal, for 23 days in a month. Based on the age of the deceased, 14 was used as multiplier and loss of dependency was arrived at Rs.4,83,000/-. There is no controversy as to the multiplier. 5. The Tribunal awarded a sum of Rs.5,58,000/- as compensation under various heads as follows: For loss of income = Rs.4,83,000.00 For loss of consortium to the first appellant = Rs. 25,000.00 For loss of love and affection to appellants 2 to 5 = Rs. 40,000.00 For transport expenses = Rs. 5,000.00 For funeral expenses = Rs. 5,000.00 Total = Rs. 5,58,000.00 6. 25,000.00 For loss of love and affection to appellants 2 to 5 = Rs. 40,000.00 For transport expenses = Rs. 5,000.00 For funeral expenses = Rs. 5,000.00 Total = Rs. 5,58,000.00 6. As stated above, if Rs.60,000/- is taken as annual income, since there are too many dependents for the deceased, 1/4th could be deducted towards personal expenses and after deducting Rs.15,000/- towards personal expenses of the deceased, the annual dependency could be arrived at Rs.45,000/- and by applying the multiplier 14, loss of dependency could be arrived at Rs.6,30,000/-. Since the first appellant lost her husband at the young age of 33, I am of the view that a sum of Rs.25,000/- awarded towards loss of consortium to the first appellant is too low and the same could be enhanced to Rs.1,00,000/-, by following the judgment in Rajesh & Others Vs Rajbir Singh & Others reported in 2013 (2) TN MAC 55 (SC). Towards loss of love and affection, the Tribunal awarded a sum of Rs.10,000/- each to the appellants 2 to 5 i.e. totally a sum of Rs.40,000/-. Asfar as the second appellant (a major daughter of the deceased) and the fifth appellant (the mother of the deceased) are concerned, I do not find any infirmity in awarding Rs.10,000/- each towards loss of love and affection. Asfar as the minor children are concerned, I am of the view that each minor child should be given Rs.25,000/- each and the amount towards loss of love and affection towards the minor children is enhanced to Rs.50,000/-. In total, the fair amount towards loss of love and affection could be Rs.70,000/-. 7. Asfar as the awarding of Rs.5,000/- towards transport expenses is concerned, I do not find any infirmity. But the amount of Rs.5,000/- awarded towards funeral expenses is concerned, it should be enhanced to Rs.25,000/-, as per the judgment in Rajesh & Others Vs Rajbir Singh & Others reported in 2013 (2) TN MAC 55 (SC). 8. Therefore, in my view, the compensation awarded by the Tribunal has to be modified/enhanced as follows: For loss of income = Rs.6,30,000.00 For loss of consortium to the first appellant = Rs.1,00,000.00 For loss of love and affection to appellants 2 to 5 = Rs. 70,000.00 For transport expenses = Rs. 5,000.00 For funeral expenses = Rs. 25,000.00 Total Rs. 8,30,000.00 The enhanced compensation is Rs.8,30,000/- (Rupees eight lakhs and thirty thousand only). 70,000.00 For transport expenses = Rs. 5,000.00 For funeral expenses = Rs. 25,000.00 Total Rs. 8,30,000.00 The enhanced compensation is Rs.8,30,000/- (Rupees eight lakhs and thirty thousand only). 9. The Tribunal has awarded only Rs.5,58,000/-. Hence, the second respondent/Insurance Company shall also pay the balance amount with interest at the rate of 7.5% from the date of application within a period of four weeks from the date of receipt of a copy of this order. The claimants, except the minors, are permitted to withdraw their shares on deposit being made as per the said direction. The share of the minors shall be kept in fixed deposit in any one of the Nationalized Banks until the minors attain majority and the first claimant mother is permitted to withdraw interest once in 3 months directly from the Bank. 10. In the result, this civil miscellaneous appeal is allowed, by enhancing the award passed by the Motor Accidents Claims Tribunal/District Judge, Karur, as stated above. The enhanced amount could be apportioned, as apportioned by the Tribunal in its earlier order dated 16.07.2012 in M.C.O.P. No. 14 of 2009. Consequently, connected M.P. No. 1 of 2014 is closed. No costs.