MANAGING DIRECTOR Vs. S.RAJESHWARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 16.9.2004 made in MCOP.No.1145/2002 by the learned Additional Sub Judge (MACT) Cuddalore, whereby the Tribunal awarded a sum of Rs.6,03,200/- as total compensation with interest at 9 per cent p.a. from the date of the claim petition till the date of realization to the claimants, who are the mother, brother and sister of the deceased S.Krishnamurthy, who died in the motor accident that had occurred on 13.6.2002.

(2.) The deceased suffered fatal injuries in the accident that had occurred on 13.6.2002 at about 7.50 p.m. being hit by the bus belonging to the Appellant Transport Corporation. The Tribunal, after holding that the accident had occurred only due to the rash and negligent driving of the bus driver, awarded compensation as stated above. On going through the evidence, I am of the considered view that the Tribunal has rightly held that the negligence was on the part of the bus driver and I do not find any warrant to interfere with the said finding of the Tribunal and accordingly, it is confirmed.

(3.) As regards the quantum of compensation, Mr.P.Jagadeeshwaran, the learned counsel for the Appellant contended that it is on the higher side and that the Tribunal erred in deducting 1/3rd towards his personal expenses instead of 50 per cent, as it would be done in the case of a bachelor in complete disregard to the fact that he would have spent a substantial part of his earning for himself. The learned counsel would further submit that the multiplier of 18 adopted by the Tribunal is also improper and the proper multiplier should be 12, taking into account the age of the mother of the deceased, who was 52 years old at the time of the accident.