The Managing Director Tamil Nadu State Transport Corporation (Madurai Division No. 5) Limited vs Rajeswari, Gomathi Muthu Raniduraichi, Umamageshwari and Karpaga Selvi

T. Mathivanan, J.—Challenge is made in this appeal to the award of Rs. 4,57,000/-, dated 31.10.2002 and made in M.A.C.T.O.P. No. 44

of 2001 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge) at Tenkasi, by the Respondent/Tamil Nadu State

Transport Corporation.

The facts, which is absolutely necessary for the disposal of the Civil Miscellaneous Appeal are as under:

That on 25.08.2000 at about 3.30 p.m, at Madurai-Rajapalayam Main Road, near T. Kalluppatti Police Station, the deceased Rajkumar @

Rajadurai had met with an accident involving a passenger bus of the Tamil Nadu State Transport Corporation, bearing Registration No. TN-67-

N-0094 and as a result of which, he had succumbed to injuries. Hence, the Respondents/claimants being the mother and unmarried sister of the

deceased had filed a claim petition before the Motor Accidents Claims Tribunal claiming a sum of Rs. 20,00,000/-.

The Appellant/Transport Corporation has contested the claim on 3 various grounds. In order to establish their case three witnesses were

examined on behalf of the claimants and during the course of their examination, exhibits P.1 to P.3 were marked. On the other hand, there

witnesses were examined on behalf of the Appellant transport corporation and during their examination 8 documents were marked.

On appraising the evidences, both oral and documentary, the Claims Tribunal had proceeded to pass an award of Rs. 4,57,000/- directing the

Appellant/Transport Corporation to pay this amount to the Respondents/claimants with interest at the rate of 9% per annum from the date of

petition till the date of realisation. Being aggrieved by the award the Respondent stands before this Court with this appeal.

Heard both sides.

The learned Counsel for the Appellant/Transport Corporation has submitted that at the time of accident the age of the deceased was 26 years

and the age of his mother, who is the first claimant in the claim petition was 48 years and hence correct multiplier would be ''13'', but this position

was not considered by the Tribunal and went on to decide the matter with the 4 multiplier of ''18'' which is absolutely wrong. He has also submitted

that as held in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, instead of giving 1/3 deduction towards the personnel

and living expenses of the deceased, 50% should have been given but this fact had also been ignored by the Tribunal.

On the other hand, the learned Senior Counsel Mr. V. Kathirvelu has submitted that no other earning male member is available in the family of

the Respondents/claimants and that the only male member was the deceased, who had also died due to the accident and after his demise, the

Respondents/claimants'' family had been suffering without any monetary support. He has also submitted that the II Schedule to Section 163(A) is

not a rigid rule and that it could be flexed in accordance with the facts and circumstances of the case. Further he would submit that the claimants

are the mother and the sister of the deceased and hence instead of giving 50; deduction towards the personal and living expenses of the deceased,

1/3 would be moved appropriate. Considering the submission made on either side this Court is of view that a sum of Rs. 4,500/- can be fixed

towards the monthly income of the deceased. Accordingly, his annual income would be Rs. 54,000/- after deducting 50% towards the personal

and living expenses of the deceased, the 50% remainder would be Rs. 27,000/-. On application of multiplier of ''13'' the 5 loss of income of the

family would be Rs. 3,51,000/-. The Tribunal has awarded a sum of Rs. 10,000/- towards loss of love and affection. Another sum of Rs. 2,000/-

has been awarded towards the funeral expenses and further amount of Rs. 3,000/- has also been awarded towards the transport expenses.

Keeping in view of the circumstances of the case, this Court is of view that the award of Rs. 10,000/- to each claimants granted by the claims

tribunal towards loss of love and affection can be allowed. It is apparent that the Tribunal had awarded a sum of Rs. 2,000/- towards funeral

expenses and another sum of Rs. 3,000/- towards transport expenses. On considering the prevailing circumstances, this Court consider that it may

be enhanced to Rs. 5,000/- and Rs. 7,000/- respectively. Accordingly, the award of the Tribunal viz., Rs. 4,57,000/- has been reduced in the

following manner.

Annual income Rs.4500 x 12 = Rs. 54,000/- After deducting

50% the remaining 50% = Rs. 27,000/-

appropriate multiplier would be ''13''= Rs. 3,51,000/-

loss of income of family Rs.27,000/-

x 13

loss of love and affection for = Rs. 40,000/-

respondents 1 to 4

funeral expenses Rs.2,000/- is = Rs. 5,000/-

enhanced to

transport expenses Rs.3,000/- is = Rs. 7,000/-

enhanced to

Total = Rs. 4,03,000/-

Accordingly, this Court has decided that the Respondents/claimants are entitled to a sum of Rs. 4,03,000/-. The Appellant/Respondent is liable

to pay this amount to the Respondents with interest at the rate of 9% p.a. from the date of petition till the date of realisation.

In the result, the appeal is allowed in part. The award of the Tribunal of Rs. 4,57,000/- has been reduced Rs. 4,03,000/-. Consequently,

connected miscellaneous petition is closed. There is no order as to costs.