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Judgment
R. Sudhakar, J.—The Transport Corporation has filed this appeal against the award dated 27.06.2002 passed in M.C.O.P. No. 236 of
1994 by the learned Additional District Judge, Motor Accidents Claims Tribunal, Dharmapuri.
This is a case of fatal accident. The accident in this case happened on 30.06.1993 on the Arur-Thirupathur road. The deceased Srinivasan aged
about 54 years an agriculturist, timber merchant and also doing tamarind business was hit by the appellant-Transport Corporation bus. In that
accident, he died. The wife aged about 50 years, four sons aged 37 years, 33 years, 30 years and 27 years respectively filed the claim petition for
a sum of Rs. 2,00,000/- as compensation. According to the claimants, the income of the deceased Srinivasan was Rs. 4,500/- per month.
In support of the claim, the wife of the deceased was examined as P.W.1 and one Pon Perumal was examined as P.W.2. Ex.A.1 is the first
information report and Ex.A.2 is the Post-mortem certificate. On behalf of the appellant/respondent before the Tribunal, one Nallathambi was
examined as R.W.1 and no document was filed.
The finding of rash and negligent driving on the part of the driver of the appellant-Transport Corporation bus and the liability of the appellant to
compensate the claimants is not in dispute and such finding is confirmed. The only contention raised by the learned Counsel for the appellant in this
appeal is on the quantum of compensation.
The issue relating to compensation was decided by the Tribunal in paragraph No. 7 in answer to point No. 2. The Tribunal fixed the income of
the deceased at Rs. 2,000/- per month and Rs. 24,000/- per annum in the absence of specific documents. After deducting 1/3rd towards his
personal expenses, fixed the loss of income to the dependents at Rs. 16,000/- per year. The Tribunal adopted 11 multiplier for the deceased aged
about 54 years and fixed the pecuniary loss to the dependants at Rs. 1,76,000/-. In all, the Tribunal granted the following amount as
compensation:-
Loss of income : Rs. 1,76,000/-
Loss of Consortium : Rs. 10,000/-
Loss of love and affection : Rs. 10,000/-
Funeral Expenses : Rs. 2,000/-
Transportation charges : Rs. 1,000/-
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Rs. 1,99,000/-
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Totally, the Tribunal awarded a sum of Rs. 1,99,000/- with interest at 9% per annum from the date of petition till the date of deposit.
The learned Counsel for the appellant pleaded that 11 multiplier adopted by the Tribunal is on the higher side and sought for reduction. In this
case, the deceased is admittedly an agriculturist and there is no dispute that he was engaged in other business also. The income was reasonably
fixed at Rs. 2,000/- per month for the accident, which happened in the year 1993. Towards loss of love and affection to the four children, a sum of
Rs. 2,500/- alone was granted. Considering the fact that the income of the deceased taken is meagre, even if the multiplier is marginally higher, the
lessor income taken will justify the compensation awarded by the Tribunal. The interest at 9% per annum also can be accepted since the accident
in this case happened in the year 1993 and the award is of the year 2002. Accordingly, finding no merits, the appeal is dismissed at the admission
stage itself.
The learned Counsel for the appellant seeks eight weeks time to deposit the amount and on such deposit, the claimants are permitted to
withdraw the same. No costs. Consequently, the connected miscellaneous petition is closed.