MANAGING DIRECTOR Vs. NAGAMMAL

JUDGEMENT

(1.) APPEAL filed under Section 173 of M.V. Act against the order and decree dated 26.12.2002 passed in MCOP No. 428 of 2002 on the file of the Motor Accident Claims Tribunal (Additional Special Court) Krishnagiri. The transport corporation has filed this appeal challenging the award dated 26.12.2002 passed in MCOP No. 428 of 2002 on the file of the Motor Accident Claims Tribunal (Additional Special Court) Krishnagiri.

(2.) THE fatal accident in this case happened on 1.2.2002. THE deceased Ravi, 23 years old bachelor earning member, was riding a motor cycle near Uthankarai when the appellant transport corporation bus coming from the opposite direction, hit the motor cycle and in that accident, the said Ravi died on the spot. Mother aged 40 years, father aged 45 years are the claimants. On the death of his son, they claimed a sum of Rs.10,00,000/- as compensation stating that their son was working as an assistant driller in a bore well company.

(3.) THE only contention raised by the learned counsel for the appellant is with regard to the quantum of compensation. Taking note of the fact that the deceased was 23 years old and working as a Bore well driller, the Tribunal fixed the income of the deceased at Rs.3,000/- p.m. stating that no document was filed. After deducting 1/3rd towards personal expenses of the deceased, the contribution to the family was taken as Rs.24,000/- p.a. THE Tribunal adopted 17 multiplier and determined the loss of pecuniary benefits in a sum of Rs.4,08,000/-(Rs.24,000/- x 17 = Rs.4,08,000/-). In addition to the above, the Tribunal granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 9% p.a. Table