BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18/01/2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
C.M.A(MD)No.447 of 2009
and
M.P(MD)Nos.3 and 4 of 2009
M/s. Almighty Matriculation School,
No.5, Vaithikadai Street
Cheranmahadevi,
Tirunelveli District. ...Appellant
vs.
1. D.Ayyappan
2. Valliammal
3. The National Insurance Company Limited,
37,C.S.N.High Road,
Tirunelveli Junction,
represented by its Divisional Manager....Respondents.
PRAYER
Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988 against the award and decree dated 04.01.2008 passed in
M.C.O.P.No.396 of 2007 on the file of the Motor Accidents Claims Tribunal
(Additional District Court, Fast Track Court No.II), Tirunelveli.
!For appellant ... Mr.D.Sivaraman
^For respondents
1 and 2... Mr.R.Appavu Rethinam
:JUDGMENT
The owner of the van is on appeal challenging the award, dated
04.01.2008, passed in M.C.O.P.No.396 of 2007, on the file of the Motor
Accidents Claims Tribunal (Additional District Court, Fast Track Court No.II),
Tirunelveli.
2. The only contention raised by the learned counsel for the
appellant/owner of the vehicle is on the quantum of compensation awarded by the
Tribunal.
3. It is a case of fatal accident. The brief facts of the case are as
follows:- The accident in this case happened on 17.11.2006. The deceased is a
student, aged about 17 years. His father is aged about 47 years and his mother
is aged about 45 years and they are the claimants. The Tribunal in this case
fixed the income of the deceased notionally at Rs.2,500/- and by adopting
multiplier of ’15’, fixed the pecuniary loss to the parents at Rs.3 lakhs. The
Tribunal in all granted a sum of Rs.3,45,000/- as compensation with interest
7.5% per annum as follows:-
Sl.No. Head Amount granted by the Tribunal
1 Loss of pecuniary benefits Rs. 3,00,000/-
to the parents
2 Loss of love and affection to Rs. 30,000/-
the parents on the death of
their son
3 Funeral expenses Rs. 3,000/-
4 transport expenses Rs. 2,000/-
5 loss of estate Rs. 10,000/-
total Rs. 3,45,000/-
4. The only plea taken by the appellant is that the quantum of
compensation awarded by the Tribunal is excessive, inasmuch as, the multiplier
adopted by the Tribunal is high and the notional income taken at Rs.2,500/-p.m.
is not correct.
5. Heard Mr.S.Saji Bino, learned counsel for the respondents 1 and 2 who
submitted that the compensation awarded by the Tribunal is just and reasonable
and should not be reduced.
6. In the case of a death of a student, the income if at all should be
fixed notionally in accordance with the schedule appended to the Motor Vehicles
Act. But, in this case, the annual income is taken as Rs.2500×12=Rs.30,000/-
which is on the higher side and therefore, the same has to be modified. In view
of the decision of the Apex Court reported in 2004 TNMAC 262(SC) = 2005 ACJ
19(Manju Devi’s case), the annual income at Rs.30,000/-p.a. and the multiplier
of ’15’ adopted is not correct. The loss of pecuniary benefits to the parents is
reduced to Rs.2,25,000/-. A sum of Rs.15,000/- each awarded towards loss of love
and affection to the two claimants/parents stands confirmed. The compensation
awarded towards funeral expenses, in a sum of Rs.3,000/- and transport expenses,
in a sum of Rs.2,000/- and loss of estate in a sum of Rs.10,000/-, are
appropriate in the facts of the present case and hence, they are confirmed.
Accordingly, the award of the Tribunal is modified as follows:-
Sl.No. Head Amount granted Amount granted
by the Tribunal by this Court
1 Loss of pecuniary Rs.3,00,000/- Rs.2,25,000/-
benefits to the parents
2 Loss of love and Rs. 30,000/- Rs. 30,000/-
affection to the parents
on the death of their son
3 Transport expenses Rs. 2,000/- Rs. 2,000
Funeral expenses Rs. 3,000/- Rs. 3,000/-
loss of estate Rs. 10,000/- Rs. 10,000/-
Total Rs.3,45,000/ Rs.2,70,000/-
7. The interest granted by the Tribunal at 7.5% stands confirmed, since,
the accident in this case happened in the year 2006 and the award was passed in
2008.
8. Counsel for the appellant prays for eight weeks’ time to deposit the
balance award amount, and on such deposit, the counsel for the respondents 1 and
2/claimants prays for withdrawal and are allowed.
9. In the result, the Civil Miscellaneous Appeal is allowed in part as
follows:-
(i) The Award of the Tribunal is reduced to Rs.2,70,000/- from
Rs.3,45,000/-.
(ii) The interest granted by the Tribunal at 7.5% is
confirmed.
(iii) Appellant is granted eight weeks’ time to deposit the balance award
amount.
(iv) On such deposit, the parents of the deceased are permitted to
withdraw the same with interest and cost as apportioned by the Tribunal.
(v) There will be no order as to costs in this appeal.
(vi) Consequently, connected miscellaneous petitions are closed.
vsn
To
The Motor Accidents Claims Tribunal
(Additional District Court,
Fast Track Court No.II),
Tirunelveli.