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Judgment
Mr. T. Mathivanan, J.—Being not satisfied with the award passed by the Tribunal, the claimants have filed this appeal seeking enhancement of compensation.
The appellants, being the wife, children and mother, had moved the Claims Tribunal claiming a sum of Rs.5,00,000/- for the death of one D. Balakrishnan who is the husband of first appellant, father of appellants 2 to 4 and son of the 5th appellant, in a road traffic accident said to have been taken on 25.02.1998 at 2 pm at Sirumallur Main Road, near Sriram Farm, Madurantakam Taluk, involving the passenger bus belonging to the respondent-Transport Corporation.
The respondent Corporation had contested the claim. However, on appreciation of the evidences both oral and documentary, the Claims Tribunal had proceeded to pass an award of Rs.1,77,000/- directing the respondent Corporation to pay this amount with interest at the rate of 7.5%. Having been not satisfied with the award of the Tribunal, the appellants/claimants stand before this Court, with this appeal for enhancement.
Heard Mr. N. Manokaran, learned counsel appearing for the appellants and Mr.S.V.Vasanthakumar, learned counsel for the respondent/Transport Corporation.
It is revealed from the records that at the time of accident, the deceased, being the karta of the family, was aged about 43 years. Mr. N. Manokaran submitted that the deceased was an agricultural labourer and as such, he was earning a sum of Rs. 4,500/- per mensem. It is pertinent to note here that the accident was taken place on 25.02.1998. As demonstrated by Mr. N. Manokaran, in the year 1998, a sum of Rs.4,000/- to Rs.5,000/- per mensem was determined as the monthly income by the Hon''ble Apex Court ( see Sanobanu Nazirbhai Mirza and others v. Ahmedabad Municipal Transport Service [2013 (2) TNMAC 565 (SC)]. Accordingly in this case also, as submitted by Mr. N. Manokaran, the monthly income of the deceased was determined by the Tribunal at Rs.4,500/-.
Mr. N. Manokaran submitted that since the deceased was aged about 43 years at the time of accident, the Tribunal had rightly selected the multiplier of 15% as per the second schedule to Section 163 (A) of MV Act 1998 but without taking into consideration of the actual monthly income of the deceased, the Tribunal had taken the notional income at Rs.15,000/- per annum and that the selection of notional income was in total negotiation of settled principles of law in respect of a man, being the karta of the family, who had died in harness at the age of 43 years. Therefore, he submitted that a sum of Rs.4,500/- could be determined as his monthly income. Besides this, he also submitted that the first appellant is the wife of the deceased, the appellants 2 to 4 are his children and 5th appellant is his aged mother. Therefore, instead of giving ⅓rd deduction, �th deduction could be given as observed by the Hon''ble Apex Court in Santosh Devi v. National Insurance Company Ltd., and Others reported in (2012) 6 SCC 421.
This Court finds that the appellants are the legal heirs of the deceased, as submitted by Mr. N. Manokaran, instead of giving �th deduction, �th deduction could be given towards his personal and living expenses. Accordingly, the annual income of the family is 4,500 x 12 = 54,000. After giving the deduction of �th towards the personal living expenses of the deceased, the �th of remainder would be Rs.40,500/-. Since he was aged about 43 years, the multiplier of 15% as per the second schedule to Section 163(A) of MV Act 1998, is appropriate and accordingly, the pecuniary loss of the family comes to Rs.4,45,500/-. The Tribunal awarded Rs.2,000/- towards the funeral expenses. But according to Mr. N. Manokaran, it is disproportionate and this amount could be increased to the extent of Rs.5,000/- as the death was occurred is the year 1998. Apart from this, the first appellant, being the wife of the deceased, is entitled to get a sum of Rs.25,000/- towards consortium. The appellants 2 to 3 as well as 5, being the children and mother of the deceased, are also entitled to get a sum of Rs.40,000/- (each Rs.10,000/-) towards loss of love and affection. The total amount comes Rs.5,15,500/-.
The respondent/Transport Corporation is directed to deposit this amount along with interest at 7.5% per annum within in a period of six weeks from the date of receipt of a copy of this order less the amount already deposited if any. The moment, the amount is being deposited, the claimants are entitled to withdraw the entire amount from the Tribunal without actually filing any formal application seeking permission. The appeal is allowed accordingly. No costs.