THANGARAJ Vs. MUTHUKUMAR

JUDGEMENT

(1.) This Appeal has been preferred by the Appellant/Claim Petitioner, challenging the Award in M.C.O.P. No.1363 of 2012 passed by the learned Motor Accident Claims Tribunal/Sub-Court Judge, Dharapuram, on the point of liability as well as quantum.

(2.) On the point of quantum and liability, the Tribunal has taken note of the fact that the vehicle was issued with a Temporary Registration Certificate on 3/1/2012 within Ex.P3. Under Ex.P6/Charge-sheet, the Policy of Insurance Company came into force between 3/1/2012 to 2/1/2013. The accident in the instant case has happened on 24/2/2012. The First Information Report was marked as Ex.P1. However, since the vehicle was running with the Temporary Registration and ought to have made it Permanent Registration within 30 days and as it amounts to the violation of Policy condition, the Tribunal has held that the Insurance Company of the offending vehicle has to be exonerated from its liability and directed the Owner of the TATA Ace to pay the Compensation to the Claimants.

(3.) On the point of quantum of Compensation, taking into consideration, the nature and character of the avocation said to have been carried on by the deceased, who is aged about 70 years, the Tribunal fixed Notional Income of Rs.5,000.00 per mensem and deducted 1/3rd towards Personal Expenses and applied Multiplier 5, following the Judgment of the Hon'ble Supreme Court in Sarla Verma & other v. Delhi Transport Corporation & another, 2009 (2) TN MAC 1 (SC).