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Judgment
N. Kirubakaran, J.—This Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the compensation awarded by the Motor Accidents Claims Tribunal (Additional District & Sessions Judge FTC No. IV) at Poonamallee, to the tune of Rs.4,65,000/-, in O.P. No. 202 of 2005, by judgment dated 18.07.2006, on the ground of negligence as well as quantum.
As far as negligence aspect is concerned, though it was argued before the Tribunal, on behalf of the Transport Corporation, that the driver of the appellant''s car was not responsible for the accident and the two-wheeler rider alone was the cause for the accident, the Tribunal rejected the said contention taking note of the filing of the First Information Report against the driver of the appellant''s car and also non-filing of Motor Vehicle Inspector''s Report. There was no sketch filed before the Tribunal to prove that the rider of the two-wheeler was at fault. Considering the fact that the car is a heavier vehicle than the two-wheeler and other circumstances narrated above, the Tribunal rightly came to the conclusion that the accident occurred because of the negligence on the part of the driver of the appellant''s car. Hence, the said finding cannot be interfered with.
As far as the quantum of compensation is concerned, though the respondents/claimants stated that the monthly income of the deceased was around Rs.8000/- to Rs.10,000/- per month, as a Civil Contractor, the Tribunal took his monthly income as Rs.4000/- and after deducting one-third towards personal expenses, arrived at Rs.2500/- as his contribution to the family per month. Considering the age of the deceased, the Tribunal rightly adopted multiplier 15 and awarded a sum of Rs.4,50,000/- towards loss of income. The Tribunal also awarded a sum of Rs.5000/- towards funeral expenses; Rs.10,000/- towards loss of consortium and totally, a sum of Rs.4,65,000/- was awarded as compensation with interest @ 7.5% per annum. The reasoning given by the Tribunal for awarding the said compensation is sustainable and the rate of interest awarded is also reasonable.
Hence, for the reasons stated above, the appeal fails and the same is dismissed.
Learned counsel for the appellant would submit that the appellant Transport Corporation has already deposited the entire award amount before the Tribunal.
In view of the above submission, the Tribunal is directed to pay the entire award amount to the respondents/claimants within a period of two weeks from the date of receipt of a copy of order. No costs. Connected C.M.P. is closed.