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Judgment
N. Kirubakaran, J.—The appeal has been preferred by the Transport Corporation against the award of Rs.7,50,000/- for the death of one A. Mohamed Shajahan in the accident that occured on 11.6.2009. While he was riding his motor cycle, it was hit by the bus belonging to the Appellant Transport Corporation driven by its Driver in a rash and negligent manner.
Heard, the learned counsel Mr. M. Murali representing Mr. S.Sairaman and Mr. K. Varadakamaraj appearing for the respondents.
Though Mr. Murali very strenuously argued that the amount awarded is on the higher side, perusal of the records would show that the deceased was aged about 35 years and he was a proprietor of Bharath Lab (computerised diagnostic centre) and earning about Rs.15,000/-. However, the tribunal determined the monthly income as Rs.5,000/-.
PW1 would submit that her husband was earning about Rs.15,000/-. Ex.P.2 is the diploma certificate of the deceased for having completed training in one year medical laboratory technology and Ex.P.3 is the course completion certificatte and Ex.P.4 is the employment certificate relating to the period from January 1997 to 2003. Ex.P.6 is the driving licene and Ex.P.7 is the income tax pan card of the deceased. When the documents proved that he is qualified to run the diagnostic centre and he is an income tax assessee, as per Ex.P.7, in the absence of any contra evidence, the Tribunal should not have determined very low amount of Rs.5,000/- as the monthly income of the deceased.
In Syed Sadiq etc. v. Division Manager, United India Insurance Company Limited reported in 2014 (1) TN MAC 459, the Honourable Supreme Court determined Rs.6,500/- as monthly income of a vegetable vendor who sustained injuries in the accident which occurred in February 2008 and Rs.9,750/- was determined and added 50% towards future prospectus.
In this case, the accident was occurred on 11.6.2009, and thereafter this court is inclined to follow the monthly amount determined by the Honourable Surpeme Court at Rs.6,500/-. Since the age of the deceased was 35 years, following the judgment of Sarla Verma and others v. Delhi Transport Corporation Limited reported in 2009 (2) TN MAC 1, 50% has to be added towards future prospectus, and if added, the monthly income would be Rs.6,500/- + 50% = Rs.9750/-.
Taking the size of the family namely four dependents, the tribunal rightly made �th deduction towards personal expenses. After deduction, the loss of income would be Rs.9,750/- � of 9750 = Rs. 7312.50.
Though the age of the deceased is to be taken into consideration for determining the loss of income, since the age of the deceased is Rs.35, the proper multiplier as per Sarla verma''s case is 16 and the loss of income is determined as follows; 6500 + 50% - � x 12 x 16 = Rs.14,04,000/-.
Only a sum of Rs.10,000/- was awarded towards loss of consortium to the 1st respondent as per the judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in 2013(3) CTC 883, at least a sum of Rs.1 Lakh has to be awarded to the widow for loss of consortium. Accordingly, the same is enhanced to Rs.1,00,000/-.
The minor respondents 2 and 3 were aged about only 7 years and 4 years respectively. For proper upbringing of the children, their father''s care, protection, love and affection are necessary, which they have lost through out their life at their young age. The said loss cannot be compensated monetarily. However, in an endeavour to compensate, a sum of Rs.50,000/- is awarded to the 2nd and 3rd respondents and totally a sum of Rs.1,00,000/- is awarded. The 4th respondent is the mother of the deceased and she is entiteld to Rs.25,000/- towards loss of love and affection. Rs.15,000/- is awarded towards funeral expenses, following the judgment of the Apex Court Rajesh and others v. Rajbir Singh and others reported in 2013(3) CTC 883.
Apart from that, a sum of Rs.10,000/- is awarded towards Transportation. Thus, in total, this Court awards Rs.16,54,000/-, rounded off to Rs.16,50,000/-.
The enhanced compensation amount awarded by this Court under various is tabulated below:
Heads
Compensation amount
Loss of Income
Rs.14,04,000/-
Loss of love and affection for minor respondents for 4th respondent
Rs. 1,00,000/- Rs. 25,000/-
Transportation
Rs. 10,000/-
Funeral expenses
Rs. 15,000/-
Loss of consortium
Rs. 1,00,000/-
Total
Rs. 16,54,000
(rounded off to Rs.16,50,000/-
Though the appeal has been preferred by the Transport Corporation against the award of Rs.7,50,000/-, being the Appellate Court, by way of the evidence on record and applying the current law under Order 47, Rule 33 of C.P. C., this Court enhances the same as it has found that the compensation awarded by the Tribunal is not just and adequate compensation.
In fine, the Civil Miscellaneous Appeal is dismissed and the compensation awarded by the tribunal is enhanced from Rs.7,50,000/- to Rs.16,50,000/-. The connected M.P.No.1 of 2013 is closed. No costs.
7.5% interest awarded by the Tribunal is confirmed. The appellant is directed to deposit the enhanced compensation amount awarded by this Court along with interest and costs after adjusting the amount, if any, already deposited on or before 30.3.2015, failing which, the Chairman-cum-Managing Director and Financial Advisor cum Chief Accounts Officer shall appear before this Court on 31.3.2015.
On deposit of the aforesaid amount, the respondents are permitted to withdraw their respective shares.
The wife and the children of the deceased, namely respondents 1 to 3 are entitled to each, a sum of Rs.5,00,000/-. The 4th respondent -mother of the deceased is entitled to Rs.1,50,000/-. The 1st and the 4th respondents are permitted to withdraw their respective shares of amount allotted to them within one week from the date of receipt of a copy of this order.
The 2nd and 3rd respondent-minor shares are directed to be deposited in the interest bearing recurring deposit in Indian Bank Branch, High Court, Madras, till they attain majority. The 1st respondent is permitted to withdraw the accrued interest every two months once.
Post on 31.3.2015.