LAWS(MAD)-1990-7-41

CHOLAN ROADWAYS CORPORATION LTD Vs. RUKMANI

Decided On July 23, 1990
CHOLAN ROADWAYS CORPORATION LTD., KUMBAKONAM Appellant
V/S
RUKMANI AND OTHERS Respondents

JUDGEMENT

(1.) THE respondent in M.C.O.P.No.16 of 1983 on the file of the Motor Accidents Claims Tribunal (District Judge), Thanjavur is the appellant in this civil miscellaneous appeal. THE petitioners in M.CO.P.No.16 of 1983 are the respondents in this civil miscellaneous appeal. For the sake of convenience the parties are referred to by the nomenclature given in M.CO.P.No.16 of 1983.

(2.) THE petitioners filed M.C.O.P.No.l6 of 1983 on the file of the Motor Accidents Claims Tribunal (District Judge), Thanjavur claiming a compensa-tion of Rs.1,50,000 for the death of the deceased Chandrasekaran Chettiar. THE case of the petitioners in M.C.O.P.No.16 of 1983 is as follows:

(3.) THE tribunal, on a consideration of the entire evidence on record, held that the accident was solely due to the rash and negligent act on the part of the driver of the bus in which the victim in M.C.O.P.No.16 of 1983, Chandrasekaran Chet-tiar, sustained injuries and succumbed to the same. With regard to the quantum of compensation to be awarded to the petitioner, the Tribunal held that the age of the deceased at the time of his death was 67 and the appropriate multiplier that has to be applied in this case is "6" THE Tribunal further founded that the exclusive contribution of the deceased Chandrasekaran Chettiar to the family could be reasonably fixed at Rs.1,000 per month and his annual contribution to the family would come to Rs. 12,000. Applying 6 as multiplier, the Tribunal fixed the quantum of compensation payable by the respondent to the petitioners at Rs.72,000 and accordingly, the Tribunal awarded a compensation of Rs.72,000 in favour of the petitioners with proportionate costs against the respondent with interest thereon at 6% per annum from the date of the petition till the date of realisation.