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Manimekalai v. V.Chandran - Civil Miscellaneous Appeal No. 142 of 1996  RD-TN 268 (18 April 2002)
In the High Court of Judicature at Madras
C o r a m
The Honourable Mr.Justice K.GOVINDARAJAN
Civil Miscellaneous Appeal No. 142 of 1996
2.Suresh Kumar (Minor)
3. Kannan (Minor)
4. Anjana Devi (Minor)
Minors represented by next friend
3. The National Insurance Co.
Appeal is against the judgment and decree dated 29.9.1994 made in M.C.O.P.453
of 1992 On the file of Motor Accident Claims Tribunal(Principal District
For Appellants : Mr.B.Kumarasamy
For Respondents : No appearance for R2 & R3
:J U D G M E N T
The claimants have filed the above appeal not satisfied with the quantum fixed by the Tribunal.
2. The first claimant's husband aged about 41 years died in the accident occurred on 18.10.1991. Ex.A.1 was marked to show that the deceased was receiving salary of Rs.2,356/- per month including allowances as he was employed as Excise Inspector. Though the claimants have come forward with a plea that the deceased would have got promotion and retired as Collector, the same has been rejected by the Tribunal. But, the Tribunal has not properly calculated and arrived at the quantum of compensation towards loss of earning. When the claimants have filed Ex.A.1 to show that the deceased got the monthly salary of Rs.2,356/-, atleast Rs.1,500/- can be taken as contribution to the family. Even 17 years multiplier is adopted, the claimants are entitled to Rs.3,06,000/- as loss of income. The Tribunal has awarded only Rs.2,40,312/- which cannot be sustained. Though the Tribunal has awarded Rs.10,000/- towards loss of consortium, the Tribunal has not awarded any amount towards love and affection.
Each minor child is entitled to atleast Rs.5,000/- under the said head. So,another Sum of Rs.15,000/- is awarded towards loss of love and affection. The Tribunal awarded Rs.5,000/- towards loss of expectation of life, which can be retained. So,the claimants are entitled to Rs.3,36,000/- instead of Rs.2,55,312/- as awarded by the Tribunal. The claimants are also entitled to 12 interest on the enhanced compensation from the date of petition till date of payment as held in A.I.R.1986 Supreme Court,1191.
3.In the result, the appeal is partly allowed with the above modification. No costs.
1. The Motor Accident Claims Tribunal
(Principal District Judge)
2. The Record Keeper,
High Court, Madras.104.
C.M.A.142 of 1996
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