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S.RAZIYA versus ANAND TRANSPORTS

High Court of Madras

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S.Raziya v. Anand Transports - C.M.A. No.324 of 2002 [2007] RD-TN 2012 (20 June 2007)

IN THE HIGH COURT OF JUDICATURE AT MADRAS



DATED : 20/06/2007

CORAM

THE HONOURABLE MR.JUSTICE S.PALANIVELU

C.M.A. No.324 of 2002

1. S.Raziya

2. Sheik Moideen ...Appellants Vs

1. Anand Transports

2. United India Insurance Company Limited

No.38

Anna Salai

Chennai 600 002. ...Respondents Appeal against the award and decree, dated 09.04.2001, made in MCOP No.801 of 1997, on the file of Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.

For appellants : Mr.A.Shanmugaraj For Respondent 2 : Ms.N.Mala

J U D G M E N T



Claimants have filed this appeal, aggrieved over the award, dated 09.04.2001, made in MCOP No.801 of 1997, on the file of Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, awarding a compensation of Rs.1,59,000/- as against the claim of Rs.2,00,000/-.

2. There is no dispute about the manner of accident and the liability fixed on the driver for causing the accident.

3. The deceased Basheer Basha, aged about 16 years, was the son of the claimants/appellants. On 24.05.1996, at about 10.00 a.m., while the deceased was attending to electrical work in a lorry, bearing registration No.TMD.5328, belonging to first respondent and insured with second respondent, the driver, without knowing the presence of the deceased, drove the lorry, whereby the lorry ran over the deceased Basheer Basha, causing his instantaneous death.

4. Learned counsel for the appellants would contend that the quantum arrived at by the Tribunal is on lower side. He also stated that in like cases the Hon'ble Supreme Court has awarded a compensation of Rs.2,25,000/-.

5. After appreciating the oral evidence on record with regard to the income of the deceased, the tribunal fixed his monthly income at Rs.1,600/- and dependency at Rs.1,000/- per month. The tribunal applied the multiplier of 12 and arrived at a sum of Rs.1,44,000/- as the loss of income, payable to the claimants. The tribunal also awarded a sum of Rs.15,000/- as compensation towards 'loss of love and affection', 'loss of estate' and 'funeral expenses'.

6. When an identical matter came up for consideration before the Hon'ble Supreme Court in Manju Devi v. Musafir Paswan, IV (2005) ACC 15 (SC), it has been ruled that multiplier of 15 has to be adopted, by considering the notional income of Rs.15,000/- per annum. The law formulated by the Hon'ble Apex Court is as follows : "2. In the case of U.P.State Road Trans.Corpn. v. Trilok Chandra, I (1996) ACC 592 (SC) = 1996 ACJ 831 (SC), it has been held by this Court that there should be no departure from the multiplier method on the ground that payment being made is just compensation. It has been held that the multiplier method must be accepted method for determining and ensuring payment of just compensation as it is the method which brings uniformity and certainty to awards made all over the country. In view of this authority, it will have to be held that the award of compensation had to be made by the multiplier method.

3.As set out in the Second Schedule to the Motor Vehicles Act,1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of Rs.15,000/- must be taken as the income. Thus, the compensation comes to Rs.2,25,000/-."

7. Following the above guidelines laid down by the Hon'ble Supreme Court, in this case also, I fix the notional income of the deceased at Rs.15,000/- and adopt the multiplier of 15. Accordingly, the appellants are entitled to a total compensation of Rs.2,25,000/-. However, since the claim in the claim petition is for Rs.2,00,000/-, the compensation is restricted to Rs.2,00,000/- lakhs only.

8. Appeal is allowed. No costs. Second respondent is directed to deposit the enhanced compensation of Rs.41,000/- with the tribunal along with interest at 7.5 per annum from the date of claim petition, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, first appellant is entitled to withdraw Rs.21,000/- and second appellant Rs.20,000/-. dixit

To

The Motor Accident Claims Tribunal,

(Chief Judge, Court of Small Causes),

Chennai.

[PRV/10630]


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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