TNSTC Vs. MUTHUVEI

JUDGEMENT

(1.) THE transport corporation has filed this appeal challenging the award dated 9.7.2008 made in MCOP No. 216 of 2005 on the file of the Motor Accident Claims Tribunal, (Principal District Judge) Krishnagiri.

(2.) THE accident in this case happened on 7.6.2004. THE deceased Poongavanam, 44 years, self-employed, fell down from the bus driven in a rash and negligent manner. In that accident, he sustained grievous injuries and died. THE wife aged 42 years, daughters aged 22 years, 14 years respectively, minor son aged 16 years, mother aged 63 years and father aged 65 years are the claimants. THEy claimed a sum of Rs.8,00,000/- as compensation. According to the claimants, the deceased was engaged in the business of selling mango, coconut and milk vending.

(3.) THE Tribunal in this case, based on the evidence of P.W.1 and the documents Exs. P1 and P2 and also taking into consideration the nature of employment, age of the deceased fixed the income of the deceased at Rs.3,000/- p.m. and by adopting 13 multiplier granted a sum of Rs.3,12,000/- as pecuniary loss. THE Tribunal also granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 9% p.a.