In the High Court of Judicature at Madras
Dated: 18/04/2002
C o r a m
The Honourable Mr.Justice K.GOVINDARAJAN
Civil Miscellaneous Appeal No. 142 of 1996
1. Manimekalai
2.Suresh Kumar (Minor)
3. Kannan (Minor)
4. Anjana Devi (Minor)
Minors represented by next friend
mother Manimekalai
5. Kandhayee
vs
1. V.Chandran
Rajagounder Thottam
NGO Colony,Erode-9
2. Mallika
3. The National Insurance Co.
Ltd., Trichy.2.
Appeal is against the judgment and decree dated 29.9.1994 made in M.C.O.P.453
of 1992 On the file of Motor Accident Claims Tribunal(Principal District
Judge),Erode.
!For Appellants : Mr.B.Kumarasamy
^For Respondents : No appearance for R2 & R3
Against R1-Dismissed.
:J U D G M E N T
The claimants have filed the above appeal not satisfied with the quantum fixed
by the Tribunal.
2. The first claimant’s husband aged about 41 years died in
the accident occurred on 18.10.1991. Ex.A.1 was marked to show that the
deceased was receiving salary of Rs.2,356/- per month including allowances as
he was employed as Excise Inspector. Though the claimants have come forward
with a plea that the deceased would have got promotion and retired as
Collector, the same has been rejected by the Tribunal. But, the Tribunal has
not properly calculated and arrived at the quantum of compensation towards
loss of earning. When the claimants have filed Ex.A.1 to show that the
deceased got the monthly salary of Rs.2,356/-, atleast Rs.1,500/- can be taken
as contribution to the family. Even 17 years multiplier is adopted, the
claimants are entitled to Rs.3,06,000/- as loss of income. The Tribunal has
awarded only Rs.2,40,312/- which cannot be sustained. Though the Tribunal has
awarded Rs.10,000/- towards loss of consortium, the Tribunal has not awarded
any amount towards love and affection.
Each minor child is entitled to atleast Rs.5,000/- under the said head.
So,another Sum of Rs.15,000/- is awarded towards loss of love and
affection. The Tribunal awarded Rs.5,000/- towards loss of expectation of
life, which can be retained. So,the claimants are entitled to Rs.3,36,000/-
instead of Rs.2,55,312/- as awarded by the Tribunal. The claimants are also
entitled to 12% interest on the enhanced compensation from the date of
petition till date of payment as held in A.I.R.1986 Supreme Court,1191.
3.In the result, the appeal is partly allowed with the above
modification. No costs.
Index:Yes.
Internet: Yes
18.04.2002
pa
To
1. The Motor Accident Claims Tribunal
(Principal District Judge)
Erode.
2. The Record Keeper,
V.R.Section,
High Court, Madras.104.
K.GOVINDARAJAN,J.
C.M.A.142 of 1996