MANAGING DIRECTOR Vs. PADHMAVATHI

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 10.4.2008 passed in M.C.O.P.No.1117 of 2006 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.IV), Tiruppur. The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 10.4.2008 passed in M.C.O.P.No.1117 of 2006 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.IV), Tiruppur.

(2.) IT is a case of fatal accident. The brief facts of the case are as follows:-

(3.) THE Tribunal, in this case based on Ex.A-9 post mortem certificate, fixed the age of the deceased as 55 years. Taking into consideration of the age of the claimants, and the age of the deceased, the Tribunal adopted 11 multiplier. Based on the evidence of the wife of the deceased, the income of the deceased was fixed as Rs.3,000/- per month as against Rs.6,000/- claimed, of which 1/3 was deducted and the loss of contribution to the family of the deceased was taken as Rs.2,000/- per month (i.e.) Rs.24,000/- per annum. Based on 11 multiplier, the total compensation granted was Rs.2,64,000/-. THE Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with 7.5% interest as follows:- Table