The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988, specifically section 173, in determining the compensation for a motor accident claim.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree made in M.C.O.P.No.842 of 2017, dated 01.07.2019, on the file of the Motor Accident Claims Tribunal / Principal District Court, Dindigul.)

1. This Civil Miscellaneous Appeal has been filed against the award, made in M.C.O.P.No.842 of 2017, dated 01.07.2019, on the file of the Motor Accident Claims Tribunal / Principal District Court, Dindigul. Claims Tribunal / Special Sub Court, Tirunelveli. The appellant herein is the respondent and the respondents herein are the claimants in the original M.C.O.P. Petition.

2. Brief substance of the claim petition in M.C.O.P.No.842 of 2017, is as follows:

On 05.05.2017, at about 4.00 pm., when the deceased - Ushadevi was crossing the road, a bus bearing Registration No.TN-01-AN-0063 came in a rash and negligent manner, without blowing horn, hit against the deceased. The deceased was aged about 65 years and was working as an Agricultural cooli and was earning Rs.7,000/- per month. The petitioners are her dependents and they claimed a sum of Rs.7,00,000/- as compensation.

3. Brief substance of the counter filed by the respondent in M.C.O.P.No. 842 of 2017, is as follows:

The manner of accident is denied. The accident occurred only due to the negligence of the deceased, who crossed the road, without noticing the traffic. It was the deceased, who fell down and she sustained injuries. The respondent was not responsible for the accident. The petition is to be dismissed.

4. On the side of the petitioners, 2 witnesses were examined and 5 documents were marked. On the side of the respondent, 1 witness was examined and no document was marked. The Tribunal after considering both sides, awarded a sum of Rs.3,42,000/- as compensation.

5. Against the award, the appellant approached this Court by way of this appeal.

6. On the side of the appellant, it is stated that the Tribubal has failed to fix the entire negligence on the deceased pedestrian, who was walking near the centre media, in a rash and negligent manner. The Tribunal is wrong in adopting multiplier 7'. As per the post mortem certificate-Ex.P2 and as per the death certificate – Ex.P3, the age of the deceased is 67 years and multiplier 5' alone is applicable. The notional income fixed by the Tribunal too high. The tribunal awarded Rs.50,000/- towards loss of love and affection, Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, Rs.10,000/- towards transport expenses, which are all excessive. The total compensation is excessive.

7. On the side of the respondents / claimants, it is stated that the Tribunal has fixed the age of the deceased as 67 years. The Tribunal has awarded only a meagre amount towards compensation and prayed the appeal to be dismissed.

8. The Tribunal fixed the monthly income at Rs.6,000/-. On verification of the records, it is seen that in the post mortem certificate (Ex.P2) and in the death certificate (Ex.P3), the age of the deceased was mentioned as 67 years. The claimants failed to produce any other documents to prove the age of the deceased. Hence, the age of the deceased is fixed as 67 years.

9. On the side of the respondents / claimants, it is stated that the deceased was earning Rs.7,000/- as an agricultural cooli. There is no proof regarding the income of the deceased. The tribunal has fixed the monthly income as Rs.6,000/-, which is reasonable. It is stated that there is no class-I heir for the deceased. Hence, 50% of the income is deducted for the own expenses of the deceased. After deducting 50%, the deceased might have contributed Rs.3,000/- to the claimants. For 67 years old person, multiplier applicable is only 5'. Hence, the loss of income is fixed as Rs.1,80,000/- (Rs.3,000 X 12 X 5 = Rs.1,80,000/-). The Tribunal has awarded Rs.15,000/- towards loss of estate, Rs.50,000/- towards loss of love and affection, Rs.15,000/- towards funeral expenses, Rs.10,000/- tow