C.S. Karnan, J.@mdashThe claimants have filed the claim against the owner and insurer of the Auto bearing Registration No. TDT-2035, for the death of the 1st claimant''s husband namely Annadurai in a Motor Vehicle Accident. It was submitted that on 20.05.2005, at about 6.15 p.m., when the deceased was proceeding on a motorcycle bearing Registration No. TN-37-AK-1287, on the Palakkad Main Road, the Auto bearing Registration No. TDT-2035, coming from the opposite direction and driven in a negligent manner had dashed against the deceased, causing his death. Hence, the wife and two minor children of the deceased have filed the said claim. The New India Assurance Company had filed a counter statement and resisted the claim. The averments in the claim that the accident had been caused by the driver of the auto was not admitted. It was submitted that the driver did not possess a valid driving licence and that the vehicle had not been covered by valid records. Actually, the deceased had caused the accident by his negligent driving. The averments in the claim regarding age, income and occupation of the deceased was also not admitted.
2. On recording the averments of both parties, the trial Court had framed two issues namely: (1) Whether the accident was caused by the rash and negligent driving by the driver of the auto or was it caused by the negligence of the deceased? and (2) Whether the claimants are entitled to get compensation? If so, what is the quantum of compensation?
3. On the side of the claimants, the 1st claimant was examined as PW1 and 10 documents were marked namely: F.I.R.; Motor Vehicle Inspector''s report; Rough Sketch; Postmortem report; Death certificate; Legal heir Certificate; Charge sheet and Income tax particulars. On the side of the respondents, one witness was examined and two documents were marked namely Insurance Policy and Judgment copy of Criminal Court.
4. PW1 had adduced evidence that on 20.05.2005 at about 06.15 p.m., when her husband Annadurai was proceeding on the motorcycle bearing Registration No. TN-37-AK-1287, on the Ukkadam Main Road, the Auto bearing Registration No. TDT-2035, driven by its driver in a negligent manner and coming from the opposite direction, had dashed against her husband and that as a result, her husband had expired. PW1 further stated that her husband was aged 38 years and he was a goldsmith by profession and earning Rs. 10,000/- per month. She deposed that the 2nd and 3rd claimants are the minor sons of the deceased. In support of the evidence, she had marked the above documents.
5. On considering the evidence of the witness and on scrutinising the documentary evidence, the Tribunal had granted a sum of Rs. 10,91,000/- as compensation, with interest at the rate of 7.5% per annum. Against the said award, the above appeal has been filed by the Insurance Company.
6. The learned counsel for the Insurance Company submits that as per rough sketch, it is seen that the accident had been committed by the deceased Annadurai. Further, the annual income of the deceased is Rs. 60,000/-, as per income particulars produced before the Tribunal had fixed the income of the deceased at Rs. 90,000/- per annum, without any documentary proof. Besides this, the Tribunal had granted higher compensation under the head of loss of consortium, loss of love and affection, mental shock and happiness.
7. The very competent counsel for the claimants submits that the Tribunal had assessed the compensation on the basis of relevant records including income particulars. The deceased was an income tax assessee. In order to prove the income of the deceased, income tax particulars had been produced. The F.I.R. has been registered against the driver of the offending vehicle and the said vehicle had been insured with the Insurance Company. Therefore, all the issues have been decided in an appropriate manner.
8. Per contra, the learned counsel for the Insurance Company submits that the driver of the offending vehicle had been discharged from the criminal proceedings and in order to prove the same, the copy of the judgment had been produced before the trial Court and that this was not considered by the trial Court. As per rough sketch and judgment of criminal Court, the deceased had committed the said accident in a negligent manner and hence the very competent counsel entreats the Court to set aside the award.
9. On verifying the facts and circumstances of the case and arguments advanced by the learned counsel on either side and on perusing the impugned award of the Tribunal, this Court does not find any discrepancy in the conclusions arrived at regarding negligence and liability. However, the quantum of compensation awarded is on the higher side. This Court holds the income of the deceased at Rs. 60,000/- per annum and assesses the compensation as follows:-
Rs. 6,40,000/- (60,000X2/3X16) is awarded for loss of income; Rs. 10,000/- is awarded to the 1st petitioner under the head of loss of consortium;
Rs. 10,000/- is awarded for transport; Rs. 10,000/- towards funeral expenses;
Rs. 25,000/- is awarded to each of the 2nd and 3rd claimants under the head of loss of love and affection, since they are aged about 2= and 1= years respectively. In total, this Court awards Rs. 7,20,000/- as compensation. The rate of interest remains unaltered.
10. This Court directed the appellant to deposit a sum of Rs. 10,00,000/- alone. Now, this Court directs the appellant herein to deposit the balance compensation amount, as per this Court''s findings, if any, within a period of 4 weeks from the date of receipt of this order.
11. After such a deposit having been made, it is open to the 1st claimant to withdraw a sum of Rs. 2,20,000/-, with proportionate interest thereon, lying in the credit of M.C.O.P. No. 442 of 2006, on the file of Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Coimbatore, after filing a memo along with a copy of this order. This Court directs the learned Judge to deposit the apportioned share amount of a sum of Rs. 2,50,000/- for each of the minor claimants, with accrued interest thereon, in a nationalised bank, as fixed deposit, under the Cumulative Deposit Scheme, till such time they attain the age of a major respectively and hand over the fixed deposit certificates to the mother of the minor claimants. In the result, the above Civil Miscellaneous Appeal is partly allowed. Consequently, the Award and Decree, passed in M.C.O.P. No. 442 of 2006, dated 08.12.2006, on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Coimbatore, is modified. No costs. Consequently, connected miscellaneous petition is closed.
