MADARI NANNURI LAKSHMI Vs. KARAMJEET SINGH DHAHOA

JUDGEMENT

(1.) By consent of both sides the main Appeal itself is taken up for disposal.

(2.) Not being satisfied with the award passed by the Tribunal, the present Appeal is filed by the Claimants in and by award dated 29.5.1998 made M.A.C.T.O.P. No.509 of 1994 on the file of the Motor Accidents Claims Tribunal, (III Additional District Judge), Pondicherry.

(3.) Keeping in mind the sub missions made on either side and after going through the reasoning given in the award, I find that the deceased was a Third year student in B.Tech in Pondicherry University and had he been alive, after completing his studies, he would earned more income. Under such circumstances as contended by the learned Counsel appearing for the Appellants by fixing a sum of Rs.3,000/- as the monthly income, compensation could be awarded under the head "Loss of Income". Further, I find that the mother of the deceased was aged about 44 years at the time of death of her son. As per the II Schedule of the Motor Vehicles Act, the correct multiplier of the mother of the deceased is "15". Considering the facts and circumstances of the case, by fixing a sum of Rs.3,000/-p.m. as the loss of income and by applying the multiplier "15", the amount has to be calculated under the Head "Loss of Income". If a sum of Rs.3,000/- is fixed as the monthly income, then the annual loss of income works out to Rs.36,000/- and if one third amount is deducted towards the Personal Expenses, the balance amount works out to Rs.24,000/- (Rs.36,000-12,000) which sum could be taken as the annual loss of contribution to the family and if the multiplier "15" is applied, the total amount works out to Rs.3,60,000/-. Hence, the sum of Rs.2,00,000/- awarded by the Tribunal as compensation is hereby enhanced to Rs.3,60,000/- under the head "Loss of Income". Further, considering the facts and circumstances of the case, a sum of Rs.10,000/- is awarded under the head "Loss of Love and Affection" and a sum of Rs.5,000/- is awarded under the head "Funeral Expenses". Consequently, the sum of Rs.2,00,000/- awarded by the Tribunal as compensation is hereby enhanced to Rs.3,75,000/-. However, it is made clear that the Appellants/Claimants are entitled to the interest t the rate of 7.5% p.a. from the date of filing the Appeal namely 27.10.2010. The break-up of the modified compensation is as follows: <FRM>JUDGEMENT_7714_TLMAD0_2010_1.html</FRM>