Tamil Nadu State Transport Corporation Ltd. vs N. Ramajeyam and Others

P. Sathasivam, J.—Aggrieved by the award of the Motor Accident Claims Tribunal, Coimbatore dated 13.4.2005 in MACTOP No. 1044 of 2004, the Managing Director, Tamil Nadu Transport Corporation, Coimbatore Division, has filed this appeal.

In respect of death of one Karthi k in a motor vehicle accident that took place on 8.1.2004, respondent Nos. 1 and 3 herein parent-claimants, prayed for a compensation of Rs. 5,00,000. The Tribunal, on appreciation of oral and documentary evidence, after finding that the accident was caused due to the negligence of the driver of the vehicle concerned, passed an award for Rs. 2,91,000 with interest at the rate of 9% per annum from the date of petition till the date of deposit. Questioning the same, the Transport Corporation has filed the present appeal.

The contesting respondent Nos. 1 and 2 are represented by the Counsel.

At the outset, learned Counsel for the appellant fairly states that they are mainly aggrieved only with regard to the quantum determined by the Tribunal. In such circumstances, it is necessary for this Court to go into the finding relating to negligence.

The claimants are the parents. The deceased was aged about 14 years at the time of accident and he was studying in eighth standard. It is not in dispute that he died due to the accident, The Tribunal, after finding that the deceased was not an earning member, however, taking note of the fact that the parents have lost their only son at the age of 14 and finding that it would be possible for the deceased to earn at least Rs. 1,500 per month, considering the age of the mother-second claimant, namely 38, fixed Rs. 2,70,000 towards pecuniary loss and after adding Rs. 5,000 each towards loss of love and affection in favour of the claimants, Rs. 10.000 towards funeral expenses, Rs. 1,000 towards damage to the clothes, altogether passed an award for Rs. 2,91,000. Considering the materials placed on record and in view of the fact that the first claimant father is aged about 41, second claimant mother is aged about 38 and have lost their son at the tender age, namely I am of the view that the amount awarded by the Tribunal is just and reasonable.

In view of the prevailing rate of interest that is being paid by our Nationalised Banks, I reduce the rate of interest from 9% to 7.5% for the said amount. Except the modification in the rate of interest, I confirm the award of the Tribunal. The appeal is dismissed accordingly.

In view of the dismissal of the appeal, the appellant Transport Corporation is directed to deposit the amount as ordered, within a period of eight weeks from today. On such deposit being made, the respondent Nos. 1 and 2 herein, viz., N. Ramajeyam and R. Poosandiram are permitted to withdraw the entire amount as apportioned by the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.