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Judgment
Honourable Mr. Justice T. Mathivanan
Challenge is made in this appeal to the award, dated 19.06.2009 and made in M.C.O.P.No.78 of 2007 on the file of the Motor Accidents Claims Tribunal (Principal District Court), Ramanathapuram.
The appellants are the claimants in the claim petition, whereas, the respondent is the Tamil Nadu State Transport Corporation, Pudukkottai. The appellants have filed the claim petition in M.C.O.P.NO.78 of 2007 before the learned Motor Accident Claims Tribunal, claiming a sum of Rs.10,00,000/-for the death of their son, in a road traffic accident said to have been taken place on 19.03.2007, at 11.30 a.m, near Naranamangalam bus stop on the road leads from R.S. Mangalam to Devipattinam involving the passenger bus, bearing registration No. TN-55-N-0428 belonging to the first respondent''s Corporation.
The Tribunal after evaluating the evidences available on record has totally awarded a sum of Rs.1,94,000/-. Being dissatisfied with the award of the Tribunal, the appellants have come forward with this appeal for the enhancement of the compensation.
When the appeal came up for hearing, Mr. K. Kumaravel learned counsel for the appellants has submitted that the Tribunal has gone to the extent of passing an award of Rs.1,94,000/-without appreciating the evidences placed on record. He has also submitted that at the time of occurrence, the deceased was aged about 22 years and he was employed in Maldives and his monthly income has not been properly assessed by the Tribunal.
Mr.Rayace Immanuel, learned counsel for the respondent has submitted that as decided in Sarla varma vs. Delhi Transport Corporation reported in (2009)4 MLJ 997 (SC) the Hon''ble Apex Court has held that when a bachelor happens to meet with an accident, instead of giving 1/3 deduction it may be appropriated to give 1-1/2 deduction towards personal and living expenses of the deceased and to that effect, both the learned counsels have suggested that the monthly income of the deceased to be taken as Rs.4,000/-. Since the age of the mother was 55 years at the time of occurrence, her age to be taken into account, as decided in Smt. Kalpana''s case reported in 2007 (1) TAN MAC (1) SC. Accordingly, the monthly income of the deceased has been determined at Rs.4,000/-and giving 50% deduction, the remaining 1/2 comes to Rs.2,000/-. The annual dependency of the family would be Rs.24,000/-. Since, it is decided in Smt. Kalpana''s case reported in 2007 (1) TAN MAC 1 SC, that the age of the deceased or the age of the parents, whichever is higher must be the criterion to ascertain the quantum, the multiplier of 11'' could be applied in this case.
On application of this multiplier system, the annual loss of income of the family would be Rs.2,64,000/-i.e., (Rs.24,000 x 11). Besides this, towards the loss of love and affection for each claimants at the rate of Rs.10,000/-, comes to Rs.20,000/-. Towards funeral expenses Rs.5,000/-can be allowed and apart from this, another sum of Rs.3,000/-towards transportation can also be allowed. In total, a sum of Rs.2,92,000/-can be allowed towards the compensation for the death of the deceased. Accordingly, the award of Rs.1,94,000/-passed by the Tribunal has been enhanced to Rs.2,92,000/-. The respondent Corporation is directed to pay this amount to the appellants along with interest at the rate of 7.5% p.a. from the date of claim petition within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellants are permitted to withdraw the amount directly from the Tribunal.
With the above observation, the appeal is disposed of. There is no order as to costs.