N LATHA Vs. P T SUNDARI

JUDGEMENT

(1.) THE claimants, being unsatisfied with the award passed by the Motor Accident Claims Tribunal, (V Court of Small Causes), Chennai in MCOP No.1773 of 2004, dated 15.11.2008 have preferred this appeal.

(2.) THE first appellant/claimant is the wife of Mr.G.Nagaraj, since deceased, the appellants 2 and 3 are their minor children and the fourth appellant, the mother of the deceased. The deceased Nagaraj, a Passenger Guard in the Southern Railway, on 27.12.2003, while riding in his motorcycle and proceeding in G.S.T. Road from Tambaram to Chrompet in the northern direction, the vehicle owned by the first respondent hit the motorcycle and on account of the accident, Mr.Nagaraj died on the spot. The claimants contended before the Tribunal that the deceased was getting an average monthly salary of Rs.21,791/ - and other special benefits and he was aged about 39 years at the time of his demise and had 19 years of remaining service had he been alive and claimed a total compensation of Rs.45,00,000/ -.

(3.) THE Tribunal after taking note of the deposition of the PW -2, who had deposed that the gross salary of the deceased was Rs.21,791/ - deducted 50% and fixed the salary at Rs.11,000/ -. The annual income was calculated at Rs.1,32,000/ - (Rs.11,000X12); a sum of Rs.88,000/ - was deducted from the said amount being 1/3rd towards personal expenses of the deceased. The balance amount namely Rs.64,000 was assessed as the loss of contribution to the family and the Tribunal adopted the multiplier 16 and arrived at total loss of contribution at Rs.14,08,000/ -; A sum of Rs.5,000/ - was awarded towards funeral expenses; and a sum of Rs.20,000/ - for loss of love and affection. The total award was for Rs.14,33,000/ - together with 7.5% interest.