BRANCH MANAGER Vs. R.GEETHA

JUDGEMENT

(1.) BEING aggrieved by the quantum of compensation of Rs.15,92,600/- awarded for the death of Raja in a road traffic accident on 04.05.2007, the Appellant-Insurance Company has preferred C.M.A.No.2505 of 2010. BEING dissatisfied with the quantum of compensation, Claimants have preferred C.M.A.No.407 of 2012. Since both the appeals arise out of the same Award, both the appeals were heard together and shall stand disposed of by this common judgment.

(2.) BRIEF facts are that deceased Raja and their family members and relatives had been to Kerala tour by Toyota Qualis car bearing registration No.TN-24 4365 (Private Taxi). On 04.05.2007 at 11.30 P.M. when the car was proceeding on Mettur-Bhavani Main road, opposite of Chinnapallam E.S.R.Garden, the driver of the Qualis car drove the same in rash and negligent manner and dashed against the stationery lorry bearing registration No.KA-01 A 6229. Due to the impact, the front portion of the Qualis car got crushed and went under the lorry chassis. Raja and his brother-in-law Gopal died on the spot. The other occupants of the car sustained grievous injuries. Deceased Raja was aged 50 years at the time of accident and was working as Senior Craftsman L II in M/s.T.V.S.Motor Company Limited, Hosur and was earning Rs.22,000/- per month. Regarding the accident, a criminal case was registered against the car driver in Crime No.188 of 2007 under Sections 279, 337 and 304(A) I.P.C. of Ammapettai Police Station. Alleging that the accident was due to rash and negligent driving of the car driver, the Claimants who are wife and daughters have filed Claim Petition claiming compensation of Rs.30,00,000/-. The owner of the lorry bearing registration No.KA-01 A 6229 and its insurer were impleaded as Respondents in the Claim Petition.

(3.) UPON consideration of evidence of P.Ws.1 and 2 and R.W.2 and Ex.P1-F.I.R. registered against the car driver and Ex.R5-rough sketch, Tribunal held the accident occurred due to rash and negligent driving of the car driver and that Appellant-Insurance Company is liable to pay compensation to the Claimants. Insofar as quantum of compensation, Tribunal held that deceased Raja was working as Senior Craftsman in M/s.T.V.S. Motor Company Limited, Hosur. Taking the monthly income of the deceased at Rs.13,000/- and deducting Rs.10,000/- towards income tax and thereafter deducting one-third for personal expenses and adopting multiplier 13, Tribunal calculated the loss of income at Rs.12,61,000/-. Tribunal held that deceased Raja left seven years service and by giving 30% addition towards future prospects for seven years, Tribunal calculated the loss towards future prospects at Rs.3,06,600/- and Tribunal calculated the total loss of dependency at Rs.15,67,600/-. Adding conventional damages, Tribunal awarded total compensation of Rs.15,92,600/-.