THE MANAGING DIRECTOR Vs. PANCHAVARNAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the award of Rs. 5,55,000/ -, in favour of the claimants/respondents herein, for the death of one Krishnamurthy, in the accident which occurred on 25.12.2011, when he was hit by a bus belonging to the appellant Corporation, driven rashly and negligently, while he was standing on the road.

(2.) THE legal heirs of the deceased filed the claim petition before the Tribunal seeking compensation to the tune of Rs. 10 lakhs. On enquiry, the Tribunal found that the accident occurred because of the rash and negligent driving by the driver of the bus and awarded a sum of Rs.5,55,000/ -. The said award is questioned on the ground of quantum by the Transport Corporation.

(3.) HOWEVER , the said contention is not acceptable, taking into consideration, the fact that the occurrence of the accident was on 25.12.2011. In 2011, it was very difficult to get a job done for a sum of Rs.4500/ -. The Honourable Apex Court, in the judgment rendered in Syed Sadiq V. Divisional Manager, United India Insurance Co. Ltd. reported in : 2014 (1) TN MAC 459 (SC), fixed Rs.6500/ - as the monthly income for a vegetable vendor, who sustained injuries in the accident, which took place in 2008. Whereas, in the case on hand, the date of the accident is 25.12.2011. Therefore, the monthly income determined by the Tribunal is very low and the same is enhanced to Rs.6500/ -. Since the family of the deceased consists of two members, following the judgment of the Honourable Apex Court rendered in Smt. Sarla Verma V. Delhi Transport Corporation and others reported in : 2009 (2) TN MAC (1) SC, one -third deduction has to be made towards "personal expenses". Further, as per the said judgment, the appropriate multiplier, to be adopted, based on the age of the deceased, namely, 45 years, is 14. Therefore, multiplier 15 adopted by the Tribunal is reduced to 14. Accordingly, taking the monthly income as Rs.6500/ -, applying one -third deduction and multiplier 14, "Loss of Income" is calculated as follows: