Minor. Mauniya Minor represented by her Maternal Grand Mother and guardian Smt. Pandiammal v. Tamil Nadu State Transport Corp. Ltd. , Through its Managing Director
2018-09-06
V.M.VELUMANI
body2018
DigiLaw.ai
JUDGMENT : Both the appeals arise out of common award, passed by the Motor Accident Claims Tribunal/I Additional District Judge, Madurai, in M.C.O.P. Nos. 823 & 824 of 2001, dated 14.07.2003 and the parties are referred to as per their rank in the claim petitions. 2. Both the appeals are filed for enhancement of compensation awarded by the Tribunal. The claimant in both the appeals is minor daughter of deceased Booma and Andichamy, who died in the accident, that occurred on 05.12.2000. The claimant is minor, aged 2 years at the time of filing the claim petition, represented by her maternal grandmother. 3. According to the claimant, the deceased Booma and Andichamy died in the accident that took place, on 05.12.2000 due to rash and negligent driving by the driver of the bus bearing Registration No. TN-45-N-1449 belonging to the respondent Corporation. The deceased were earning a sum of Rs.2,500/- and Rs.3,000/- per month, respectively. The age of the mother of the claimant is 22 years and the age of the father is 27 years at the time of accident. The appellant filed claim petitions claiming a sum of Rs.5,00,000/- each, for loss of income, loss of love and affection and on other heads. 4. The respondent transport Corporation filed counter statement and denied the accident as alleged by the appellant. According to the respondent, the rider of the motorcycle is responsible for the accident and due to his negligence, the accident occurred. The appellant has to prove the age, income of the deceased and she is dependant of the deceased and prayed for dismissal of the claim petitions. 5. Before the Tribunal, one Pandiammal, the guardian of the minor claimant was examined as P.W.1 and one Muthukaruppan, who is an eye-witness was examined as P.W.2 and marked four documents as Ex.P1 to Ex.P4. The respondent examined the conductor of the bus as R.W.1 and did not mark any document. 6. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to the rash and negligent driving by the driver of the bus and awarded consolidated sum of Rs.1,20,000/- in each claim petitions. 7. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimant has come out with the present two appeals. 8. The learned counsel appearing for the appellant contended that the Tribunal erred in awarding consolidated compensation.
7. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimant has come out with the present two appeals. 8. The learned counsel appearing for the appellant contended that the Tribunal erred in awarding consolidated compensation. The Tribunal ought to have adopted multiplier method for calculating the loss of income. The notional income fixed by the Tribunal is very low and the same is fixed without any basis. The appellant lost both the mother and father at a very tender age of two years. The mother's love for tender child is invaluable and cannot be compensated by money. The Tribunal failed to award any amount for loss of love and affection, funeral expenses and loss of estate separately, and prayed for enhancement of compensation. 9. Per contra, the learned counsel appearing for the respondent contended that the appellant has not produced any documents to substantiate her claim with regard to income of the deceased mother and father. In view of the same, the Tribunal fixed notional income of Rs.15,000/- per year, which is reasonable one. The compensation amount awarded is just and proper and there is no reason for enhancement of compensation and prayed for dismissal of the appeals. 10. I have heard the learned counsel appearing for the appellant and the respondent and perused the materials available on record. 11. From the materials on record, it is seen that the appellant had claimed that her mother was working as agricultural coolie and vegetable vendor and earning a sum of Rs.2,500/- per month. Similarly, her father was working as agricultural coolie and he was doing milk vending business and earning a sum of Rs.3,000/- per month. The appellant failed to produce any documents to prove the same. In such circumstances, the notional income has to be fixed. The Tribunal fixed the notional income of Rs.15,000/- per year for both the mother and father. The said amount is very low and the same is enhanced to Rs.24,000/- per year for the deceased mother and Rs.30,000/- per year for the deceased father. 12. The Tribunal without assigning any reasons, awarded consolidated compensation, instead of applying the multiplier to arrive at loss of income. The Tribunal also did not award any compensation separately, under the heads of loss of love and affection, funeral expenses and loss of estate.
12. The Tribunal without assigning any reasons, awarded consolidated compensation, instead of applying the multiplier to arrive at loss of income. The Tribunal also did not award any compensation separately, under the heads of loss of love and affection, funeral expenses and loss of estate. In view of the failure on the part of the Tribunal to award compensation as stated above, the compensation awarded by the Tribunal is set aside and following compensation is granted. 13. As per post mortem certificate, the deceased mother is aged 24 years at the time of accident and the multiplier applicable is 18'. Fixing the notional income of the deceased at Rs.24,000/- per year and after deducting 1/3rd towards her personal expenses, the annual income of the mother would be Rs.16,000/-. Therefore, the loss of income would be Rs.16,000 x 18=2,88,000. The Tribunal also did not award any amounts separately under the heads of loss of love and affection, funeral expenses and loss of estate. In view of the failure on the part of the Tribunal to award compensation as stated above, the compensation awarded by the Tribunal is set aside and following amounts are granted to the appellant in C.M.A(MD)No. 174 of 2009. Loss of income 2,88,000 Conventional Heads 70,000 Total Rs.3,58,000 Amount awarded by the Tribunal Rs.1,20,000 Enhanced Compensation Rs.2,38,000 C.M.A(MD)No. 173 of 2009:- 14. As per post mortem certificate, the deceased father is aged 27 years at the time of accident and the multiplier applicable is 17'. Fixing the notional income of the deceased at Rs.30,000/- per year and after deducting 1/3rd towards his personal expenses, the annual income of the father would be Rs.20,000/-. Therefore, the loss of income would be Rs.20,000 x 17=3,40,000/- and a sum of Rs.70,000/- is granted under conventional heads. Loss of income 3,40,000 Conventional Heads 70,000 Total Rs.4,10,000 Amount awarded by the Tribunal Rs.1,20,000 Enhanced compensation Rs.2,90,000 15. In the result, both the appeals are allowed in part and the rate of interest is reduced from 9% p.a., to 7.5% p.a., from the date of claim petition till the date of deposit.
Loss of income 3,40,000 Conventional Heads 70,000 Total Rs.4,10,000 Amount awarded by the Tribunal Rs.1,20,000 Enhanced compensation Rs.2,90,000 15. In the result, both the appeals are allowed in part and the rate of interest is reduced from 9% p.a., to 7.5% p.a., from the date of claim petition till the date of deposit. (i) The respondent Transport Corporation is directed to deposit the enhanced award amount, less the amount already deposited, if any, along with accrued interest and costs to the credit of M.C.O.P. No. 823 and 824 of 2001, on the file of the Motor Accident Claims Tribunal/I Additional District Judge, Madurai within a period of eight weeks from the date of receipt of copy of this judgment; (ii) The appellant in both the appeals is directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy of this judgment; (iii) On such deposit being made, the Tribunal shall deposit the said amount in any one of the Nationalized banks in a Fixed Deposit, initially for a period of three years and renewable thereafter, till the minor attains majority. The guardian of the minor claimant is permitted to withdraw the accrued interest once in three months directly from the bank. No costs.