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Judgment
Hon''ble Mr. P. Devadass, J.—In this appeal, the State Transport Corporation questions the quantum of compensation awarded by the
Tribunal. On 12.2.2006, one Maharajan lost his life in a road accident. It is because of the rash and negligent driving of appellant''s bus driver. The
Tribunal awarded Rs. 4,25,000/- to the boy''s parents.
Learned counsel for the appellant would contend that the Tribunal awarded Rs. 50,000/- under the head ''no fault liability''. This will not arise in
this case. Learned counsel for the appellant would further contend that the Tribunal had also not effected 1/3 deduction from the notional income.
On the other hand, the learned counsel for the respondents would contend that the claimants have lost their second son. They are poor coolies
and what was awarded itself is very less.
I have considered the rival submissions, perused the materials on record and also the impugned award of the Tribunal.
At the time of his death, the deceased was 11 years old. He was studying 5th Standard in a School. The Tribunal chosen the notional income
Rs. 2,000/- per month and also the multiplier ''15'' and calculated the compensation accordingly. In the circumstances, awarding compensation,
under ''no fault liability'' will not arise. Thus, Rs. 50,000/- awarded under the head ''no fault liability'' is deleted.
Deduction from income has been made, taking into account the fact that the amount in the form of compensation is made available in advance.
But, this deduction depends on the marital status and also the size of the family of the deceased. In India, it cannot be an invariable rule that in all
cases, this 1/3 deduction should be effected. Under peculiar circumstances of the case, this deduction can be departed.
Now, in this case, the respondents have lost their son at the age of 11 years. The respondents belongs to lower strata of society. They are poor
coolies. In the facts and circumstances, if we effect 1/3 deduction it will not reflect in granting them ''just compensation''. In these peculiar
circumstances, we need not effect 1/3 deduction. In the result, this Civil Miscellaneous Appeal is allowed in part. The award of the Tribunal is
modified. The respondents are awarded Rs. 3,75,000/- with 7.5% interest p.a. from the date of filing the original claim petition till deposit. As the
appellant has deposited the entire amount, the respondents shall be paid the said modified amount, less amount, if any, already withdrawn. Rs.
50,000/- with corresponding interest shall be refunded to the appellant. No costs. Consequently, the connected Miscellaneous Petition is closed.