The Managing Director, Tamil Nadu State Transport Corporation Limited vs S. Muthusamy and Others

P. Sathasivam, J.—Aggrieved by the award of the Motor Accident Claims Tribunal (Additional District Court, Fast Track Court No. IV)

Coimbatore at Tiruppur in MCOP No. 975 of 2002 dated 07.11.2005, Tamil Nadu State Transport Corporation Limited has filed the present

appeal.

In respect of death of one Devammal in a motor vehicle accident that took place on 19.06.2001, respondents 1 to 7 viz. her sons and daughters

prayed for compensation of Rs. 5,00,000/-. The Tribunal, on consideration of the materials placed, passed an award for a sum of Rs. 2,89,500/-

with interest at 7.5% from the date of petition till the date of deposit. Questioning the same, the present appeal has been filed.

Even at the outset, learned Counsel appearing for the appellant fairly states that they are mainly aggrieved with regard to the quantum

determined. Hence, it is unnecessary to go into the finding relating to the negligence. The learned Counsel appearing for the appellant has submitted

that since the claimants are not dependants of the deceased, the Tribunal is not justified in awarding the compensation. I am unable to accept the

said contention.

As per the post-mortem certificate Ex.P3, the deceased was aged about 45. In such circumstances, it is not in dispute that as per schedule-2 of

the Motor Vehicles Act, 1988, the proper multiplier is 15. The death certificate has been marked as Ex.P6. The first claimant, the son of the

deceased was examined as PW1. In the absence of any documentary evidence regarding her income, taking note of the age viz.,45 years, the

Tribunal has arrived at a conclusion that it would be possible for the deceased to earn at Rs. 2,100/- and after allowing the deduction to the extent

of Rs. 700/- per month towards personal expenses, fixed her monthly contribution at the rate of Rs. 1,400/- per month and arrived at pecuniary

loss of income at Rs. 2,52,000/- and after adding Rs. 35,000/- towards loss of love and affection, passed the award of Rs. 2,89,500/-. Taking

note of the fact that the claimants are at the age group between 20-32 years and of the fact that they lost their mother, the amount awarded by the

Tribunal is just and reasonable. There is no valid ground for interference. Accordingly, the Civil Miscellaneous Appeal fails and the same is

dismissed. Consequently, M.P.No.1 of 2006 is also dismissed.