Ranganayaki and Another vs Rajendran

P. Sathasivam, J.—Aggrieved by the award of the Motor Accident Claims Tribunal, Fast Track Court No. V, Coimbatore at Tirupur dated 10th December, 2003 made in M.C.O.P. No. 264 of 2001, the owner and the insurer of the vehicle in question have filed this appeal.

In respect of death of one Gopinath in a motor vehicle accident that took place on 18th February, 2001, the respondents herein/claimants, prayed for a compensation of a sum of Rs. 5 lacs. The Tribunal, based on the materials placed passed an award for a sum of Rs. 3,82,000 with interest at the rate of 9% per annum from the date of petition till date of deposit. Questioning the same, present appeal has been filed.

Even at the stage of admission, the respondents are represented by Counsel. Heard the learned Counsel for the appellants as well as respondents.

At the outset, learned Counsel appearing for the appellants fairly stated that they are aggrieved only with regard to quantum of compensation determined by the Tribunal. In such circumstances, there is no need to go into the finding relating to negligence aspect.

It is the evidence of PW-1, father of the deceased that, according to him, at the time of accident, his son was aged about 13 years. The same was accepted by the Tribunal. Taking note of the age of the deceased and the statement of PW 1, it would be just and reasonable to arrive that the deceased would earn atleast a sum of Rs. 2,000 per month and after deducting Rs, 500 towards his personal expenses, his contribution to the family is fixed at Rs. 1,500 per month; annual contribution is Rs. 18,000. It is not in dispute that proper multiplier to be applied is 15 and accordingly the total pecuniary loss is fixed at Rs. 2,70,000 The Tribunal has already awarded a sum of Rs. 10,000 each in favour of the claimants towards loss of love and affection. In addition to the same, the claimants are entitled to sum of Rs. 5,000 towards funeral expenses and another sum of Rs. 5,000 towards transport charges for taking the deceased to the hospital and then to their house; altogether, the total compensation payable to the claimants comes to Rs. 3 lacs. Though the Tribunal has granted a sum of Rs. 3,82,000,1 am of the view that a sum of Rs. 3 lacs is just and reasonable. In fact, the learned Counsel appearing for the appellants has no serious dispute about the same.

Inasmuch as the accident occurred in the year 2001; the Tribunal has passed an award in 2003 and the appellants preferred appeal only in 2006, considering the circumstances prevailing on the date of accident and date of award, I am of the view that grant of interest at the rate of 9% per annum, is just and reasonable and it requires no modification.

In the light of what is stated above, the award of the Tribunal is modified and the claimants are entitled to a sum of Rs. 3 lacs (Rupees three lacs only) as compensation with interest, at the rate of 9% per annum for the said amount from the date of petition till date of deposit. With the above modification, the appeal is disposed of. No costs.

Consequently, connected C.M.P. is closed.