The Branch Manager, Royal Sundaram Alliance Insurance Co. Ltd. vs Govindarasu

S. Manikumar, J.—Learned counsel appearing for the appellant/Insurance Company submitted that the quantum of compensation of Rs. 10,55,880/-, with interest, at the rate of 7.5% from the date of claim, till the date of deposit, awarded to the respondents/claimants, is the only challenge in this appeal. Submission of the learned counsel for the appellant/Insurance Company is placed on record. Hence, this Court deems it fit to address the only challenge.

According to the respondents/claimants, at the time of accident, the deceased was aged about 22 years and it has been claimed that as a Welder, he was earning a sum of Rs. 12,000/- per month. To prove that he was technically qualified and working as a Welder, on the side of the claimants, Ex.P.7 Certificate issued by the Government of Tamil Nadu through the Directorate of Industries, District Industries Centre, Small Scale Ancillary undertaking SSSBE/Tiny Unit to Mr.N.Jothi, who has been running an industry in the name and style of M/s. Sri Jothivel Industries Steel Works, in which the deceased was working, has been marked. Ex.P.6 is the certificate issued by P.W.3, Jothivel, stating that as the owner of Sri Jothivel Industries Steel Works, he had paid a sum of Rs. 12,000/- per month to the deceased and in addition to that, he had also paid Rs. 20/- per day towards transport expenses.

Though the respondents/claimants claimed that the deceased earned Rs. 400/- per day, taking note of the fact that he would not have worked for all 30 days in a month, as Sunday being a holiday, the Claims Tribunal has fixed the monthly income of the deceased at Rs. 10,400/- (400 x 26 days). Deceased was a bachelor. Though he was permanently employed in Sri Jothivel Industries Steel Work, as substantiated by P.W.3, employer, still the Claims Tribunal felt that had he been alive, the deceased would not have earned his future prospects, and proposed to compute the loss of contribution to the family by deducting 50% from his monthly income towards personal living expenses. By adopting ''18'' multiplier, the Claims Tribunal has computed the loss of contribution to the family as Rs. 11,23,200/- (50% of 10,200 = 5200, 5200 x 12 x 18 = 11,23,200). Apart from the above, the Claims Tribunal has awarded a sum of Rs. 30,000/- towards loss of love and affection, Rs. 10,000/- for loss of estate, Rs. 5,000/- for transportation and Rs. 5,000/- for funeral expenses. Altogether, the Claims Tribunal has computed the total compensation as Rs. 11,73,200/-. After deducting 10% towards the income tax, the Claims Tribunal has directed the Insurance Company to pay a sum of Rs. 10,55,880/- as compensation, with interest, at the rate of 7.5% per annum, from the date of claim till the date of deposit, with costs.

Determination of the monthly income is duly supported by the oral testimony of P.W.3, employer and Ex.P.6 & Ex.P.7. There is no manifest illegality, warranting intervention from this Court. Hence, this Court is not inclined to interfere with the quantum of compensation awarded by the Claims Tribunal.

In the result, the appeal is dismissed. The appellant/Insurance Company is directed to deposit the entire award amount, with proportionate accrued interest and costs, less statutory deposit, to the credit of M.C.O.P.No.380/2011on the file of the Motor Accident Claims Tribunal (Principal District Court), Perambalur, with a period of four weeks from the date of receipt of a copy of this order. On such deposit, the Respondents 1 & 2 are permitted to withdraw the same, by making necessary application before the Tribunal. Consequently, connected Miscellaneous petition is closed. No costs.