IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.2736 of 2008 The Managing Director, TamilNadu State Transport Corporation Ltd., Kancheepuram Unit, Chennai. ... Appellant vs. 1.P.R.Meera 2.Minor P.Krishna Prasad (Minor rep. By mother and next friend the first respondent) 3.Sakunthala 4.P.Seshadri ... Respondents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Decree and Judgment in MACTOP.No.5383 of 1999 dated 12.12.2006 on the file of the Motor Accident Claims Tribunal-cum- III Small Causes Court, Chennai. For Appellant : Mr.N.Anand For Respondent 1 and 2 : Mr.K.Sellathurai ----- J U D G M E N T
The Transport Corporation is on appeal challenging the award passed in MACTOP.No.5383 of 1999 dated 12.12.2006 on the
file of the Motor Accident Claims Tribunal-cum- III Small Causes Court, Chennai.
2. It is a case of fatal accident. The accident in this case happened on 23.3.1999. The deceased Parthasarathy was travelling on a motor cycle, when he was hit by the appellant transport Corporation bus on the Chennai to Polur High Road. In that accident said Parthasarathy died on the spot. The deceased was taken to Government Hospital, Sri Perumbudur and post-mortem was conducted. A case was registered in Crime No.134/99 against the driver of the transport Corporation bus. The wife aged about 36 years, one minor aged about 8 years, mother aged about 61 years and father agd about 67 years claimed a sum of Rs. 13 lakhs as compensation stating that the deceased was employed as a Telegraphicman under Central Telegraphic office, Rajaji Salai, Chennai-1.
3. In support of the claim petition, the father of the deceased was examined as PW1 and one Narayanan, the eye witness was examined as PW2. Ex.P1 to P7 were marked. Ex.P1 is the copy of FIR, Ex.P2 is the copy of rough sketch, Ex.P3 is the postmortem certificate, Ex.P4 is the inquest report, Ex.P5 is the legal heir certificate, Ex.P6 is the salary certificate, and Ex.P7 is the service certificate. The Conductor of bus was examined as RW1 and no document was marked on behalf of the appellant/respondent before the Tribunal.
4. The finding of the Tribunal with regard to negligence on the part of the driver of the appellant Transport Corporation bus who is responsible for the accident and the death and consequential liability fixed on the appellant Transport Corporation to compensate the claimants is not disputed by the 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.
6.The issue relating to compensation was decided by the Tribunal from Paragraph 8 onwards in answer to Point No.2. The age of the deceased was fixed at 38 years as per Ex.P.3 Postmortem Certificate and that is not in dispute. The claimants claimed the income of the deceased as Rs.5,489/-, based on EX.P.6 the Salary certificate issued by the Accounts officer, Central Telegraphic office, Madras-1 dated 19.4.1999. This document was accepted by the Tribunal. There is no material to dispute the certificate issued by the Central Government authority. The Tribunal deducted 1/3 towards personal expenses of the deceased and fixed the monthly contribution to the dependents of the deceased at Rs.3,659/- . Based on the age of the deceased and the age of the claimants, the Tribunal adopted 15 Multiplier and granted a sum of Rs.6,58,620/- (Rs.3659 x 12 x 15=Rs.6,58,620). In addition, the Tribunal granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:-
Sl.No.
Head
Amount granted by the Tribunal
1
Loss of Pecuniary benefits
Rs.6,58,620/-
2
Loss of consortium to the wife
Rs. 10,000/-
3
Loss of Love and Affection
Rs. 10,000/-
Total
Rs.6,78,620/-
The interest for the period 8.9.2004 to 2.7.2005 was disallowed.
7. The contention of the appellant counsel is that the compensation for pecuniary loss based on 15 Multiplier is on the higher side and hence it has to be reduced.
8. Learned counsel for the respondents 1 and 2 contended that the deceased was employed under the Central Government and he is having 20 years of service and therefore the Tribunal has failed to take the future prospects of the deceased into consideration and also failed to adopt 16 Multiplier in terms of the second schedule to Section 163A of the Motor Vehicles Act. No amount has been granted for funeral expenses, transport expenses. Meagre amount has been granted for loss of Consortium and loss of love and affection.
9.This Court is not inclined to interfere with the order of the Tribunal for the following reasons:
(i) The accident happened in the year 1999 and the deceased was aged about 38 years. He had nearly 20 years of service. His salary at the time of death itself was Rs.5,489/- p.m., The possibility of higher income is always there.
(ii)The Multiplier in this case in terms of the second schedule to Section 163A of the Motor Vehicles Act is 16, whereas the Tribunal has taken 15 Multiplier.
(iii)No amount has been granted for Funeral Expenses and Transport Expenses and the amount granted for loss of consortium and loss of love and affection which includes the minor son aged about 8 years is megre.
(iv) Considering all these aspects, the total compensation awarded by the Tribunal is just and reasonable and does not require further reduction, as also interest at 7.5% p.a., as the accident happened in the year 1999 and the award was passed in the year 2006.
(v) Learned counsel for the appellant states that a sum of Rs.6.25,000/- has been deposited pursuant to the interim orders of this Court dated 4.9.2008.
10. In the result, the Civil Miscellaneous Appeal is dismissed. Counsel for the appellant seeks for four weeks time to deposit the balance amount and the same is allowed and on such deposit, the claimants will be entitled to withdraw the amount in the same proportion as ordered by the Tribunal. There will be no order as to cost. Consequently, connected miscellaneous petition is closed.
VJY
To
1.Motor Accident Claims Tribunal-cum-
III Small Causes Court,
Chennai