M. Amul and Others vs Thulasidharan and Others

N. Kirubakaran, J—This Civil Miscellaneous Appeal has been preferred by the claimants aggrieved over the award of Rs. 4,05,000/- granted as compensation by the Motor Accidents Claims Tribunal (VI Judge, Court of Small Causes), Chennai, for the death of 1st appellant''s husband, namely, M. Mariyappan, aged about 30 years, who was working as Cleaner cum Loadman, in the accident, which occurred on 12.01.2002.

Heard Ms. Ramya V. Rao, learned counsel for the appellants and Mr. D. Bhaskaran, learned counsel for R3.

The only question to be decided is with regard to the quantum of compensation.

The Tribunal, taking Rs. 100/- as daily wages of the deceased, for 25 days in a month, determined Rs. 2500/- as the monthly income. After deducting one-third towards "Personal Expenses" and adopting multiplier 17, arrived at Rs. 3,40,000/- as " Loss of Income" and together with other amounts, awarded a sum of Rs. 4,05,000/- as compensation.

It is evident from the records that the deceased was working as a Cleaner cum Loadman. According to the claimants, the monthly income of the deceased, who was aged about 30 years, was Rs. 5000/- in 2002. There cannot be any positive evidence with regard to the income of a Cleaner. Therefore, it is appropriate to follow the judgment of the Honourable Apex Court rendered in Sanobanu Nazirbhai Mirza and Others Vs. Ahmedabad Municipal Transport Service, (2013) 4 ACC 825 : (2013) ACJ 2733 : (2013) 13 JT 386 : (2013) 4 RCR(Civil) 732 : (2013) 12 SCALE 329 wherein for a 25 year old polisher, who died in the accident, which occurred on 30.05.1998, the Honourable Apex Court, took monthly income at Rs. 5000/- and added 50% towards " Future Prospects" and determined the "Loss of monthly contribution to family" at Rs. 7500/- whereas in the case on hand, the accident had occurred on 12.01.2002 i.e., 4 years after the date of accident in the aforementioned case. Therefore, this Court determines the monthly income of the deceased at Rs. 4000/-,considering his avocation as a Cleaner and adding 50% towards " Future Prospects", Rs. 6000/- is fixed as as total monthly income. Since the size of the family is three, following the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 , one-third deduction has to be made towards "Personal Expenses". Therefore, "Monthly contribution of the deceased to his family" would be,

The sum of Rs. 25,000/- awarded towards " Loss of Consortium" to the 1st appellant is too low as she lost her husband at a young age of 20 years and therefore, a sum of Rs. 75,000/- is awarded towards " Loss of Consortium". The 2nd appellant, a one year old child, lost her father(tm)s love, affection, care and guidance throughout her life and therefore, the sum of Rs. 25,000/- awarded towards " Loss of love and affection" is very low and the same is enhanced to Rs. 75,000/-. The sum of Rs. 5,000/- awarded towards " Funeral Expenses" is too low and the same is enhanced to Rs. 10,000/-. No amount was awarded towards "Transport Charges". Hence, a sum of Rs. 5000/- is awarded under the said caption. The sum of Rs. 10,000/- awarded towards " Loss of Expectation of Life" is reasonable and the same is confirmed. In all, a sum of Rs. 9,91,000/- rounded off to Rs. 10,00,000/- is payable as compensation to the appellants. The rate of interest @7.5% per annum, awarded by the Tribunal, is confirmed.

The 3rd respondent Insurance Company is directed to deposit the entire amount, as per the modified award passed by this Court, with interest and costs, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the 1st appellant is entitled to withdraw Rs. 4,25,000/- (Rupees Four Lakhs and Twenty Five Thousand only) with proportionate interest and the 3rd appellant is entitled to withdraw Rs. 1,25,000/- (Rupees One lakh and twenty five thousand) with proportionate interest within a period of two weeks thereafter. The share of the minor/2nd appellant, namely, Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand) shall be re-invested by the Tribunal in interest bearing Fixed Deposit in Indian Bank, High Court Branch, till she attains majority. The 1st appellant is entitled to withdraw interest accruing on such deposit once in three months. The appellants shall pay additional court-fee for the enhanced amount, if any.

In the result, the Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal, from Rs. 4,05,000/- to Rs. 10 lakhs. No costs.