IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 3987 of 2008 ........ The Managing Director, Tamil Nadu State Transport Corporation Limited, 37 Mettupalayam Road, Coimbatore.43. .. Appellant/respondent Vs. 1. Smt. Rangammal 2. Minor K. Muthulakshmi 3. Minor K. Ranjitha (minors rep. by her mother/guardian Smt. Rangammal) 4. M. Raman 5. Smt. Karuppammal .. Respondents/petitioners/ 6. Sathiasekaran (given up) first respondent Appeal filed under Section 173 of M.V. Act against the award and decree dated 28.8.2007 made in MCOP No. 1118 of 2006 on the file of the Motor Accident Claims Tribunal (I Additional District Judge) Coimbatore. For Appellant : Mr. V. Ramesh JUDGMENT
The transport Corporation has filed this appeal challenging the award dated 28.8.2007 made in MCOP No. 1118 of 2006 on the file of the Motor Accident Claims Tribunal (I Additional District Judge) Coimbatore.
2. It is a case of fatal accident. The deceased R.Karuppusamy, aged about 38 years, an agriculturist, was travelling in the town bus bearing Registration No. TN.38/N 1322, route No.S4. The bus was stopped at Thanneer Panthal bus stop and when the deceased was getting down from the bus, the driver of the bus started the vehicle suddenly and consequently, the said Karuppusamy was thrown out of the bus and the wheel ran over him. The skull was crushed and in that accident, the said Karuppusamy died on the spot. The wife aged 30 years, 2 minor daughters aged 10 years and 8 years respectively, the father aged 68 years and the mother aged 58 years filed the claim petition for compensation in a sum of Rs.6,00,000/- stating that the deceased was earning a sum of Rs.5,400/- p.m. by doing agriculture work in and around Thenkkarai Panchayat.
3. In support of the claim petition, the wife was examined as P.W.1 and one Guruputhiran, owner of the land was examined as P.W.2 to state about the nature of the employment and the income of the deceased. Exs. P1 to P7 were marked. Ex.P1 is the certificate of the F.I.R. Ex.P2 is the photo copy of the charge sheet. Ex.P3 is the photo copy of the rough sketch. Ex.P4 is the post mortem certificate. Ex.P5 is the certified copy of the inquest report. Ex.P6 is the death certificate of the deceased Karuppusami. Ex.P7 is the legal heirs certificate. One Sathiyasekaran was examined as R.W.1 on behalf of the appellant/ respondent before the Tribunal. No document was filed on behalf of the appellant/ respondent before the Tribunal.
4. The finding of negligence on the part of the driver of the bus for having caused the grievous injuries which resulted in instantaneous death of the deceased and consequently, the liability fixed on the transport corporation to compensate the claimants is not seriously disputed by the learned counsel for the appellant and the same is confirmed.
5. The only contention raised by the learned counsel for the appellant is on the quantum of compensation. The Tribunal discussed the issue in answer to point No.2 in paragraph No.8 onwards. As per Ex.P5 post mortem certificate, the age of the deceased was 38 years. P.W.2 owner of the agricultural lands stated that Karuppusamy was working in his land on daily wages of Rs.180/- per day. However, in the absence of specific document, the Tribunal fixed the income of the deceased at Rs.3,000/- p.m. of which 1/3 rd was deducted towards personal expenses and the contribution to the family was taken as Rs.2,000/- p.m. and Rs.24,000/- p.a. The Tribunal adopted 16 multiplier in terms of the second schedule of the Act and fixed the pecuniary loss in a sum of Rs.3,84,000/-. The Tribunal also granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a.
Sl.No.
Head
Amount granted by this Court
1
Loss of pecuniary benefits
Rs.3,84,000/-
2 Transport expenses Rs. 1,000/- 3 Funeral expenses Rs. 7,000/- 4 Mental agony Rs. 10,000/- 5 Loss of dependency Rs. 5,000/- 6 Loss of love and affection Rs. 20,000/- 7 Loss of consortium Rs. 15,000/- Total Rs. 4,42,000/-
6. The learned counsel for the appellant contended that the Tribunal erred in adopting multiplier of 16 in the case of death of 38 years old agriculturist and therefore, the compensation has to be reduced.
7. This Court is not inclined to interfere with the quantum of compensation for the following reasons.
The accident in this case happened in May 2006. Admittedly, the deceased was working as an agriculturist. The income claimed is Rs.180/- per day and Rs.5,400/- p.m. The following decisions will have to be kept in mind while fixing the income of the deceased:-
(a) A Division Bench of this Court in B.Anandhi vs. – Latha reported in 2002 ACJ 233(P.SATHASIVAM,J., as he then was) observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995.
(b) The Apex Court in State of Haryana and another vs. – Jasbir Kaur and others reported in 2004-1 Law Weekly, was of the view that an agriculturist would earn Rs.3,000/- per month. In that case, the accident happened in the year 1999.
8. In the above cited cases, the income of the deceased was taken at Rs.3,000/- per month for the year 1995 and 1999 respectively, whereas in the present case, the accident happened in the year 2006. Therefore, the income of the deceased should have been fixed at least Rs.4,000/ p.m. The finding of the Tribunal that no documentary evidence was let in to show the income of the deceased cannot be accepted in the case of daily wage earner particularly in agricultural sector. The claimants cannot be called upon to produce the documentary evidence to support the daily wages received by the deceased. This has to be determined keeping in mind the cost of living, minimum wages and the living wages prescribed. The amount of Rs.180/- per day is justified considering the period of accident, which happened in the year 2006. If the higher income is taken, and even if the multiplier is reduced, the compensation will be the same or even more. The amount granted for mental agony and the loss of dependency has to be adjusted on other heads viz., loss of love and affection to the minor children for the death of the father.
9. Considering all these aspects, the total amount of Rs.4.42.000/- as compensation with interest at 7.5% does not require any further reduction.
10. Finding no merits, the civil miscellaneous appeal is dismissed. No costs. Consequently M.P.No.1 of 2008 is also dismissed.
11. Learned counsel for the appellant seeks eight weeks time to deposit the amount and the same is allowed. On such deposit, the claimants are entitled to withdraw the same as per the order of the Tribunal.
ra
To
The Motor Accident Claims Tribunal,
(I Additional District Judge),
Coimbatore