The Managing Director, Tamilnadu State Transport Corporation Ltd., Vellore vs R. Banumathi, R. Sivasankari, R. Dhurga and R. Velmurugan

Chitra Venkataraman, J.—The Transport Corporation is on appeal as against the order of the Motor Accidents Claims Tribunal. The issue in the appeal is restricted to the quantum of compensation awarded.

It is seen from the documents filed before this Court that the accident took place on 21.5.2007 at about 2.15 PM, when the deceased was riding a cycle in Krishnagiri By-Pass near the Regional Transport Officer''s office. The Transport Corporation bus, driven in a rash and negligent manner, dashed against the cyclist the deceased herein, resulting in fatal accident. The deceased left behind his wife, aged 42 years and three children, two of them happened to be minors at the time of death of their father. The deceased was working as a Superintendent in the Divisional Office of the Fire and Rescue Service, Krishnagiri. His monthly income was stated to be Rs. 14,289/- as on 30.4.2007.

After deducting 1/4th towards personal expenses, the Tribunal arrived at the contribution Rs. 14,037/-. This the Tribunal did so, after taking note of ExA3, which showed the monthly income of the deceased as Rs. 18,817/-. Taking note of the number of years of service left still, namely seven years, the Tribunal held that the deceased would have received Rs. 96,600/-, had he been alive on surrendering earned leave as well as Rs. 4,28,950/- towards gratuity. On account of the death of the deceased, lesser gratuity and earned leave amount were granted. In such circumstances, the Tribunal fixed the compensation as follows :

thus totalling a sum of Rs. 19,32,983/- payable with interest at 6% per annum from the date of petition till date of realisation, against which, the Transport Corporation has preferred this appeal.

Learned counsel for the Transport Corporation strongly objected to the compensation awarded at Rs. 18,52,983/-, taking the salary at Rs. 18,817/-. After deducting 1/4th and arriving at Rs. 14,037/- towards contribution, apart from inclusion of Rs. 80,000/- with the total amount, the award of Rs. 19,32,983/- is excessive. She has further submitted that there is no evidence to support that the compensation awarded was just and fair.

We do not agree with the said submission. It is not denied by the learned counsel for the appellant that the claimants had produced ExA3 indicating the monthly income of the deceased at Rs. 18,817/-. Deducting 1/4th, the Tribunal arrived the contribution at Rs. 14,037/- and adopted 11 as multiplier and the compensation was fixed at Rs. 19,32,983/-. Barring

CHITRA VENKATARAMAN, J AND R. KARUPPIAH, J

RS

that, as already noted, the Tribunal had also taken note of the payment made on account of earned leave and gratuity. Even though strictly speaking this might not have been granted, given the fact that the deceased left behind three children, two of them happened to be minors at the time of death of their father, no compensation was being granted under the head ''loss of love and affection''. We feel that the sum of Rs. 50,000/- included in the compensation could very well be taken as compensation payable under the head ''loss of love and affection''. In such circumstances, we do not find any justifiable grounds to accept the plea of the learned counsel for the appellant that the award of Rs. 19,32,983/- is excessive.

Therefore, the civil miscellaneous appeal is dismissed. Consequently, the above MP is also dismissed.