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Judgment
P. Murgesen, J.—This Civil Miscellaneous Appeal is directed against the judgment and decree dated 11.12.2007 passed in MCOP No.
1832 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District-cum-Sessions Judge, Fast Track Court No. I, Madurai.
The brief facts arising out of this appeal are as under:
On 31.08.2003 at about 15.15 hours the deceased Pownraj was proceeding in his motorcycle in the Madurai-Dindigul Main Road near
Ammayanakkunur. At that time, a car bearing Registration No. TDZ-2860 belonging to the third respondent, came from the opposite direction
and dashed against the deceased Pownraj, due to which he sustained fatal injuries and later on, he died in the hospital. The car was insured with
the appellant herein. The first and second respondents are the claimants of the deceased. They claimed a compensation of Rs. 15,00,000/- before
the Tribunal.
Before the Tribunal, P.W.1 and P.W.2 were examined and Ex.P1 to P8 were marked. On consideration of the evidence on record, the
Tribunal awarded a compensation of Rs. 4,22,000/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as
under:
Rupees
Loss of income 4,00,000/-
Loss of love and affection 20,000/-
Funeral expenses 2,000/-
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Total.... 4,22,000/-
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Challenging the award of the Tribunal, the present appeal has been filed by the appellant/Insurance Company.
At the outset, the Counsel for the appellant has submitted that he is not disputing the accident and he is disputing only the quantum of
compensation awarded by the Tribunal. Therefore, the finding of the Tribunal that the accident had occurred only due to the rash and negligent
driving of the driver of the car belonging to the third respondent, is confirmed.
Therefore, the question to be decided is, what is the just compensation to the claimants?
The victim was a 28-year old person. He was a bachelor. In the claim petition the age of the father and mother of the deceased are stated as 50
and 45 years, respectively. P.W.1 is the father of the deceased. On 05.11.2007, in the cross examination, he admitted that he was 65 years old
and his wife was 5 years younger than him. The accident occurred on 31.08.2003. Therefore, at the time of accident, the father of the deceased
was 61 years old and the mother of the deceased was 56 years old. The age of the mother of the deceased should be taken into consideration for
determining the multiplier. For the age of 56, the proper multiplier is 8. The victim was an educated person. Ex.P4, P5 and P6 would show that he
passed 10+2 exam, underwent training in the Telephone Operator''s Course and studied a course with regard to the mechanism of petrol and
diesel engines. Ex.P7 is the notice received by him from the Income Tax Department. So, he was an educated person. Even though it is claimed in
the claim petition that he was earning a sum of Rs. 20,000/- per month, no substantial evidence was adduced to prove the same. So, the Tribunal
fixed the income of the deceased at Rs. 5,000/- per month. Naturally a person having acquired qualifications in the mechanism of petrol and diesel
engines would definitely earn not less than Rs. 5,000/- per month. Therefore the determination of monthly income by the Tribunal is correct.
Accordingly the annual income works out to Rs. 60,000/-. If 1/3rd is deducted towards personal expenses of the deceased and the multiplier of 8
is adopted, the loss of income works out to Rs. 3,20,000/-. Therefore, the loss of income awarded by the Tribunal stands modified to Rs.
3,20,000/.
The amounts awarded by the Tribunal towards loss of love & affection at Rs. 20,000/- and towards funeral expenses at Rs. 2,000/- are very
reasonable and hence they are confirmed. The interest rate fixed by the Tribunal at 7.5% p.a. from the date of petition is confirmed. The details of
the modified compensation are as under:
Rupees
Loss of income 3,20,000/-
Loss of love & affection 20,000/-
Funeral expenses 2,000/-
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Total.... 3,42,000/-
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Therefore, the claimants are entitled to the modified compensation of Rs. 3,42,000/- with interest at 7.5% p.a. from the date of petition.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, M.P.(MD)No.1 of 2008 is closed. No costs.