S.Rajasironmaniammal, & Ors. vs S.S.S.Ganesan, & Anr.

This Civil Miscellaneous Appeal has been preferred by the appellants/claimants aggrieved over the quantum of compensation at Rs.13,08,400/-

(Rupees Thirteen Lakhs Eight Thousand and Four Hundred only) for the death of one Gunavel, aged about 39 years, an industrialist, allegedly

earning about Rs.25,000/- (Rupees Twenty Five Thousand only) per month, in the accident occurred on 29.05.2002, when the deceased was

riding his TVS-Scooty Moped from north to south on Virudhunagar Bye-pass road, a lorry belonging to the first respondent insured with the

second respondent was driven in a rash and negligent manner and hit behind the two wheeler.

Heard Mr.R.Govindaraj, learned Counsel for the appellants/claimants and Mr.A.Shajahan, learned Counsel for the second respondent-

Insurance Company.

A perusal of the records would show that the Tribunal based on the filing of Ex.P.1 - F.I.R and Ex.P.2 - charge sheet against the driver of the

lorry and Ex.P.5 - judgment of the criminal Court convicting the driver of the lorry and based on the evidence of P.W.2 - eyewitness, rightly came

to the conclusion that the driver of the lorry alone was responsible for the accident.

The grievance of the appellants/claimants is that even though the appellants/claimants proved that the deceased was earning a sum of

Rs.1,20,150/- (Rupees One Lakh Twenty Thousand One Hundred and Fifty only) as per Ex.P.12 - Income Tax Return for the year 1999-2000,

it has not taken into consideration the Income Tax Returns filed by him as Kartha of a Hindu Undivided Family as per Ex.P.13. Further, the other

amounts awarded are not as per the judgment of the Honourable Supreme Court as well as the Motor Vehicles Act, 1988.

However, on the other hand, Mr.A.Shajahan, learned Counsel for the second respondent-Insurance Company supported the award.

From the records, it is clear that as per Ex.P.12 - Income Tax Return for the year 1999-2000, the deceased had shown his annual income as

Rs.1,20,150/- (Rupees One Lakh Twenty Thousand One Hundred and Fifty only). Therefore, the Tribunal was right in determining the monthly

income at Rs.10,000/- (Rupees Ten Thousand only) and the Tribunal was right in not considering Ex.P.13 - Income Tax Returns for the year

1999-2000 paid for the Hindu Undivided Family.

No amount towards future prospects has been added by the Tribunal and therefore, following the judgment of the Honourable Supreme Court

in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54, this Court adds 50% towards future prospects as

the deceased was aged 39 years as per Ex.P.3 - post-mortem certificate. Accordingly, the monthly income of the deceased would be Rs.

15,000/- (Rupees Fifteen Thousand only).

The size of the family is 4 and as per the judgment of the Honourable Supreme Court in Sarla Verma v. Delhi Transport Corporation reported in

2009 (2) TN MAC 1 (SC), 1/4th amount has to be deducted and after deducting 1/4th amount, the monthly contribution of the deceased would

be Rs.11,250/- (Rupees Eleven Thousand Two Hundred and Fifty only) [Rs.15,000/- - Rs.3,750/-].

The Tribunal rightly applied the multiplier ''16'' as per the age of the deceased, viz., 39 years and the same is confirmed. Accordingly, the loss of

income would be Rs.21,60,000/- (Rupees Twenty One Lakhs and Sixty Thousand only) [Rs.11,250/- X 12 X 16].

The Tribunal awarded only a sum of Rs.10,000/- (Rupees Ten Thousand only) to the second appellant/wife of the deceased towards loss of

consortium and therefore, the same is enhanced to a sum of Rs.1,00,000/- (Rupees One Lakh only).

Further, a sum of Rs.10,000/- (Rupees Ten Thousand only) alone was awarded by the Tribunal to the minor respondents 3 and 4 towards

loss of love and affection and no amount was awarded to the first respondent/mother of the deceased. Therefore, this Court awards a sum of

Rs.40,000/- (Rupees Forty Thousand only) each to the respondents 1, 3 and 4 towards loss of love and affection and totally, they are entitled to a

sum of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only).

A sum of Rs.2,000/- (Rupees Two Thousand only) awarded towards funeral expenses is enhanced to a sum of Rs.20,000/- (Rupees Twenty

Thousand only).

No amount was awarded by the Tribunal towards transportation charges and therefore, this Court awards a sum of Rs.10,000/- (Rupees Ten

Thousand only).

Similarly, no amount was awarded by the Tribunal towards loss of estate and hence, a sum of Rs.15,000/- (Rupees Fifteen Thousand only) is

awarded under the said head.

The rate of interest awarded by the Tribunal at 9% per annum is on the higher side and therefore, the same is reduced to 7.5% per annum.

Accordingly, the appellants/claimants are entitled to a sum of Rs.24,25,000/- (Rupees Twenty Four Lakhs and Twenty Five Thousand only)

along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.

In the result,

(i) This Civil Miscellaneous Appeal is allowed;

(ii) The appellants/claimants are entitled to a sum of Rs. 24,25,000/- (Rupees Twenty Four Lakhs and Twenty Five Thousand only) along with

interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;

(iii) The second appellant/wife of the deceased is entitled to a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) and the appellants 3 and

4/minor children of the deceased are entitled to a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each. The first appellant/mother of the deceased

is entitled to a sum of Rs.2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only);

(iv) The appellants/claimants are directed to submit their Personal Savings Bank Account Numbers along with the copies of their passbooks to the

Tribunal forthwith;

(v) The second respondent-Insurance Company is directed to deposit the entire award amount along with accrued interest and costs, less the

amount deposited, if any, to the credit of M.C.O.P.No. 243 of 2003, by the Motor Accident Claims Tribunal - cum - Additional District

Judge/Fast Track Court, Virudhunagar, within a period of six weeks from the date of receipt of a copy of this judgment;

(vi) On such deposit, the Tribunal is directed to transfer the respective share amount of the appellants 1 and 2/claimants 1 and 2 directly to their

Personal Savings Bank Account Numbers, as per the apportionment made by this Court, through RTGS/NEFT system, after getting their Account

Details, within a period of two weeks thereafter;

(vii) Insofar as the respective shares of the minor appellants 3 and 4/claimants 3 and 4, the Tribunal shall deposit the same in an interest bearing

Fixed Deposit in any one of the nationalised banks under the renewable scheme, till they attain majority and the second appellant/mother of the

minor claimants 3 and 4 is permitted to withdraw the accrued interest once in three months for the welfare of the minor claimants 3 and 4;

(viii) The appellants/claimants are directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy

of this judgment; and

(ix) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.