The entitlement of legal representatives, including married daughters, to claim compensation under the Motor Vehicles Act, 1939, should not be restricted based on monetary dependency alone.

S. Manikumar, J.

Being aggrieved by the finding fixing negligence on the driver of a private passenger bus, bearing Regn. No. TN47 S-3800, insured with the appellant, Company and the quantum of compensation;' of Rs. 3,31,500/-, with interest at the rate of 7.5% per annum, awarded to two daughters, and a son of the deceased Pachammal, the Insurance Company has preferred this appeal. Out of two daughters, the 1st respondent, Sumathy, is stated to have been married.

2. According to the respondents, that on 1-5-2009, when the deceased was proceeding to Neelapadi, in a private bus owned by M/s. Vinayagam Transports, bearing Regn. No. TN47 S-3800, belonging to one Thirumurugan, the 4th respondent herein, about 5.00 am., the bus stopped at Neelapadi bus stop. When the deceased was alighting from the bus, the driver without noticing her, suddenly started the bus and as a result of which, she fell down and that the rear wheel of the bus ran over the deceased. Though, she was rushed to Government Hospital, Tiruvarur, for better treatment, she was referred to Thanjavur Hospital and in spite of treatment, she died. A case in Crime No. 282 of 2009, has been registered against the driver of the private transport bus, under Sections 279 and 304(A), Indian Penal Code on the file of Ktzhvelur Police Station. Before the Claims Tribunal, the 4th respondent, owner of the vehicle remained ex parte.

3. The appellant-Insurance Company denied the manner of accident. The Insurance Company further submitted that the driver of the bus did not possess a valid and effective driving licence. There was no permit to drive the vehicle. Without prejudice to the above, they also disputed the age, avocation, income and the quantum of compensation claimed under various heads.

4. The 1st respondent, Sumathy, examined herself as PW 1, PW2, Post-mortem certificate, Ex. P3, MVI's Report, Ex. P4, legal heirship certificate, Ex. P5, death certificate, Ex. P6 Voter's ID card of the deceased, Ex. P7, Certificate of Insurance, Ex. P8, Driving licence of the driver, Ex. P9, Death certificate of 2nd petitioner/claimant, who died during the pendency of the claim, and Ex. P10, Copy of Application filed before the learned Judicial Magistrate's Court No.1, Nagapattinam and returned, have been marked on the side of the claimants. RW 1, is the Assistant Manager of the National Insurance Company, Thiruvarur. Ex. R1, Ration Card of the deceased and Ex. R2, Legal Heirship Certificate of the deceased, have been marked on the side of the Insurance Company.

5. The tribunal on evaluation of pleadings and evidence found that the driver of the bus bearing Regn. No. TN47 S 3800 and insured with the 4th respondent herein was negligent in causing the accident and accordingly, quantified the compensation at Rs. 3,31,500/- with interest, at the rate of 7.5% per annum, from the date of claim.

6. The claims Tribunal having regard to the age of the deceased, 45 years, as per entry in Ex. P2, Post-mortem certificate, legal heirship certificate and ration card, determined the age as 48 years. Fixing the income of the deceased at Rs. 100/- per day and after deducting 1/3rd towards the personal and living expenses of the deceased, the Claims Tribunal applied 13' multiplier, applicable to the age group of persons between 45 and 50 years, and quantified, the loss of contribution to the family at Rs. 3,12,000/-. In addition to the above, Rs. 2,500/- has been awarded towards loss of estate, Rs. 5,000/- towards transportation charges, Rs. 2,000/- for funeral expenses. A sum of Rs. 10,000/- has been awarded under the head loss of love and affection to the daughters. One of the legal heirs, Mr. Kumar, who made a claim along with daughters, died during the pendency of the claim petition. To prove the same, Ex. P9, death certificate has been marked.

7. Though, an objection for payment of compensation to the married daughters has been made, by observing that merely because the daughters are married, that b