The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam vs Lakshmi, & Ors.

The Tamil Nadu State Transport Corporation, Kumbakonam challenges the award dated 06.04.2015 made in M.C.O.P.(MD) No. 79 of 2014

on the file of Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Thanjavur @ Kumbakonam on the ground of quantum.

The respondents herein are the claimants. The husband of the first respondent herein was driving his three wheeler when the bus belonging to the

appellant corporation dashed against it. The accident took place on 28.09.2010. He died enroute to the hospital. The Tribunal rightly fixed the

negligence on the driver of the appellant corporation. The appellant was aged about 35 years at the time of accident. Monthly income including

future prospects was fixed at Rs.6,750/-. Therefore, applying multiplier of 16, the pecuniary loss would come to Rs.9,72,096/-. For funeral

expenses, loss of estate, loss of consortium and love and affection, transportation charges were rightly awarded. However, for the welfare of

children and future education expenses, a sum of Rs. 1,00,000/- has been awarded. There is no basis for awarding such compensation. Therefore,

the compensation awarded by the Tribunal to the tune of Rs.12,77,096 is reduced to Rs.11,77,096.

Accordingly, the award dated dated 06.04.2015 made in M.C.O.P.(MD) No.79 of 2014 on the file of Motor Accidents Claims Tribunal/Chief

Judicial Magistrate, Thanjavur @ Kumbakonam is modified and the appellant is directed to deposit the entire compensation amount within 12

weeks from the date of receipt of a copy of this order along with interest @ 7.5.% per annum and costs from the date of petition till the date of

realization, less the amount already deposited, if any. The claimants are entitled to withdraw the the said amount, less the amount already

withdrawn by them, if any, as apportioned by the Tribunal, by filing proper application before the Tribunal.

The Civil Miscellaneous Appeal is partly allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.