MANAGER NATIONAL INSURANCE CO LTD Vs. MUNIAMMA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 27.04.2005 made in M.C.O.P.No.763 of 2003 on the file of the Motor Accident Claims Tribunal / Subordinate Judge, Thiruvallur.

(2.) IT is not in dispute that the first respondent is the wife of the deceased Sriramulu, who met with a motor accident and died on 25.11.2002 at 11.30 a.m at Chitoor Road, near Pallipattu bus stand. As per the case of the respondents, on the said date, while the deceased Sriramulu was walking on the left hand side of the road, a lorry bearing Registration No.TN 21 B 5553 was driven by its driver in a rash and negligent manner and dashed against the deceased, due to which, the husband of the respondent Sriramulu sustained grievous injuries and died. The respondents 2 and 3 are the son and daughter of the deceased Sriramulu, the fourth respondent is the mother of the deceased. The owner of the lorry has been arrayed as the fifth respondent.

(3.) THE Motor Accident Claims Tribunal, considering the evidence available on record has held that the deceased could have earned at Rs.3000/- per month, out of which, 1/3rd has to be deducted towards his personal expenses and accordingly, per month, he could have spent Rs.2,000/- to his dependents and family members and accordingly, per annum, it could have been computed at Rs.24,000/-. THE trial court, applying the multiplier 16 of the Motor Vehicles Act, has computed the compensation at Rs.3,84,000/-, apart from Rs.15,000/- towards consortium for the first petitioner, Rs.20,000/- towards loss of love and affection for the first petitioner and Rs.5,000/- for the loss of love and affection for children, respondents 2 and 3 and Rs.5,000/- towards funeral expenses. It is seen that the Tribunal has awarded a total compensation of Rs.4,69,000/- to the respondents 1 to 4, dependents of the deceased.