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Judgment
Mr. N. Kirubakaran, J.—This Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the award of Rs. 7,81,912/- passed by the Motor Accidents Claims Tribunal (Sub Court), Gobichettipalayam, for the death of one K. Manikandan, son of respondents 1 and 2, aged about 21 years, alleged to be working in a Spinning Mill, in the accident, which occurred on 23.11.2007, when the bus belonging to the appellant Transport Corporation, driven in a rash and negligent manner, hit the deceased, while he was driving his bicycle.
Heard Mrs. R.T. Sundari, learned counsel for the appellant and Mr. S.P. Yuvaraj, learned counsel for respondents 1 and 2/claimants.
Though Mrs. R.T. Sundari, learned counsel for the appellant, very strenuously argued that there was negligence on the part of the deceased also and that he invited the accident, the Tribunal rightly fixed the negligence on the part of the driver of the bus belonging to the appellant Transport Corporation based on the evidence of P.W.2, an eye-witness to the occurrence. Moreover, Ex-P1, FIR and Ex-P2, charge-sheet, were filed only against the driver of the bus and there is no counter-complaint given by the driver, if really, the deceased had been negligent. Besides, there is no contra evidence let in by the appellant to rebut the evidence adduced by the claimants. Therefore, the Tribunal rightly fixed the negligence on the driver of the bus and fastened the liability on the appellant, which cannot be interfered with.
As far as quantum is concerned, though the claimants claimed that the deceased was earning Rs.6000/- per month, the Tribunal rightly fixed the monthly income at Rs.5000/-, as per Ex-P11, Salary Certificate. The deceased was aged about 21 years. However, the Tribunal did not consider "Future Prospects" and therefore, in the light of the judgments of the Honourable Apex Court rendered in Sarla Verma and others v. Delhi Transport Corporation and another reported in 2009 (2) TN MAC 1 and Santosh Devi v. National Insurance Company Ltd. and others reported in 2012 6 SCC 421, 50% is added towards "Future Prospects" and the total monthly income, in that event, would be,
Total Monthly Income
:: Rs.5000/- + 50% (Rs.5000/-)
:: Rs.7500/-
Since the deceased was a bachelor, 50% is required to be deducted towards "Personal Expenses". Hence, "Monthly Contribution of the deceased to his family" would be,
Total Monthly Income
:: Rs.7500/-
Less: 50% towards "Personal Expenses"
:: Rs.7500/- (-) 50% (Rs.7500/-)
Monthly Contribution of the deceased to his family
:: Rs.3750/-
The Tribunal, wrongly adopted multiplier, according to the age of the mother of the deceased. Following the judgment of the Honourable Apex Court rendered in Amrit Bhanu Shali v. National Insurance Company Limited reported in 2012 11 SCC 738 wherein it has been held that choice of multiplier should be according to the age of the deceased, the appropriate multiplier, as per the age of the deceased, namely, 18 is adopted. Hence, applying the same, "Loss of Income" is calculated as follows:
Loss of Income
:: Rs.3750/- x 12 x 18
:: Rs.8,10,000/-.
The amounts awarded towards "Medical Expenses", as per Exs-P9 and P10, namely, Rs.84,525/- and Rs.32,387/- respectively, are confirmed. The sum of Rs.20,000/- awarded towards "Loss of love and affection" is too low and the same is enhanced to Rs.50,000/-. The amount of Rs.5000/- awarded towards "Funeral Expenses" is also very low and therefore, a sum of Rs.15,000/- is awarded cumulatively towards "Funeral as well as Transportation Expenses". In all, a sum of Rs.9,91,912/- rounded off to Rs.10 lakhs is payable as compensation to the claimants. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
Though the appeal has been preferred by the Transport Corporation, as against the award of Rs. 7,81,912/-, this Court, suo motu, has enhanced the compensation to the tune of Rs.10 lakhs, invoking Order XLI Rule 33 CPC by re-appreciating the evidence on record and applying the correct law, as on date. What is to be awarded is just and reasonable compensation and therefore, this Court, even in the absence of appeal/cross-appeal by the claimants/respondents, has enhanced the compensation.
The appellant Transport Corporation 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 eight weeks from the date of receipt of a copy of this order, failing which the Chairman cum Managing Director as well as Financial Advisor cum Chief Accounts Officer of the appellant Transport Corporation shall appear before this Court on expiry of the said period. On such deposit being made, the claimants are permitted to withdraw their respective shares, as per the apportionment of the Tribunal, within a period of one week thereafter. The claimants shall pay additional court-fee for the enhanced amount, if any.
In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Connected M.P. Is closed.
For reporting compliance or for appearance, call the matter after eight weeks.