The Managing Director, Tamil Nadu Transport Corporation Ltd. vs Usharani

Aruna Jagadeesan, J.

The Tamil Nadu Transport Corporation has challenged the impugned award whereby the Claims Tribunal has awarded Rs.13,87,000/- together with interest at 7.5% per annum from the date of filing of petition till the date of deposit.

The accident had occurred on 10.02.2009 which resulted in the death of Govindaraj. The deceased was survived by his wife, daughters and son. The deceased was 48 years old at the time of accident and was working as a Roller-cleaner in the office of the Divisional Engineer(H), Ambathur, Chennai. The deceased was earning Rs.11,990/- at the time of accident. The Claims Tribunal took the income of the deceased at Rs.13,000/-, adding some amount towards future prospects and deducting 1/3rd towards personal expenses, applied the multiplier of 13 and computed the loss of dependency at Rs.13,52,000/-. To this, Rs.5,000/- was added towards funeral expenses, Rs.10,000 towards loss of consortium and Rs.20,000/- towards loss of love and affection. In all, a total compensation of Rs.13,87,000/- was awarded by the Tribunal.

Heard the learned counsel appearing for the parties.

There is no dispute that the deceased was working as a Roller-Cleaner in the office of the Divisional Engineer(H), Ambathur, Chennai. The salary certificate Ex.P5 shows that he was drawing a gross pay of Rs.11,990/-. The income of the deceased was taken as Rs.13,000/- by adding Rs.1010/- for future prospects. As the deceased was 48 years of age at the time of accident, as per the judgment of the Honourable Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , 30% has to be added towards future prospects. Thus, in order to compute the income of the deceased, Rs.11,990/- is rounded off to Rs.12,000/-. To this, 30% towards future prospects is added and the monthly income comes to Rs.15,600/-. By deducting 1/3rd towards personal expenses and by applying the multiplier 13, the loss of dependency is computed to be Rs.16,22,400/-. The amount awarded by the Tribunal under the other heads, namely, funeral expenses, loss of consortium and loss of love and affection are maintained. The total compensation amount is calculated as under.

Sl.No.

Category

Award Amount (Rs.)

1

Loss of dependency

Rs.16,22,400/-

2

Loss of love and affection

Rs.20,000/-

3

Loss of consortium

Rs.10,000/-

4

Funeral expenses

Rs.5,000/-

Total

Rs.16,57,400/-

It is no doubt true that the claimants have not filed any appeal seeking enhancement of the award. However, we are of the view that the grant of just and fair compensation is responsibility of the Court and if, on the facts, the Court finds that the claimants are entitled to higher compensation, the Court should grant enhanced compensation even if they have not filed any appeal seeking enhancement of compensation. In this regard, it is appropriate to refer to the judgment o the Honourable Supreme Court reported in Nagappa Vs. Gurudayal Singh and Others, wherein it is held that there is no restriction that the Tribunal/Court cannot award compensation exceeding the claimed amount. It has been further held that the function of the tribunal/Court is to award just compensation being reasonable on the basis of evidence produced on record.

In view of the above, a sum of Rs.16,57,400/- is awarded as total compensation payable to the claimants. The award of interest at 7.5% is maintained. Out of the total compensation, the 1st claimant is entitled to get Rs.7,57,400/-, the 2nd claimant is entitled to get Rs.2,00,000/- and the 3rd and 4th claimants are entitled to get Rs.3,50,000/- each. The Appellant is directed to deposit the entire award amount with interest at 7.5% p.a. from the date of the claim petition till the date of deposit, after giving credit to the amount if any deposited by them, within a period of six weeks from the date of receipt of a copy of this order and on such deposit being made, the claimants are permitted to withdraw their respective apportioned amount with proportionate interest, after giving credit to the amount already withdrawn by them if any.

With the above modification in the quantum of compensation, the civil miscellaneous appeal stands disposed of. No costs. Consequently, M.P.No. 1 of 2013 is closed.