The main legal point established in the judgment is the court's authority to adjust the computation of compensation under the Motor Vehicles Act based on evolving court precedents and errors in the Tribunal's award to ensure fair and just compensation for the claimants.

JUDGMENT

(Prayer:Appeal - filed under Section 173(1) of the Motor Vehicles Act, 1988 to allow the appeal and modify the judgment and decree dated 29.07.2020 in M.C.O.P.No.478 of 2018 on the file of the Motor Accident Claims Tribunal (Special District Court), Thanjavur, by enhancing the award amount to Rs.40,00,000/- to the appellants with proportionate interest.)

Dr. Anita Sumanth, J.

1. This appeal has been filed by the wife and two minor children of one Yuvaraj, who had been involved in an accident on 24.01.2018, passing away on 09.02.2018. The appellants had preferred a claim before the Motor Accident Claims Tribunal (Special District Court), Thanjavur, in M.C.O.P.No.478 of 2018. The Tribunal fixed the compensation by way of an award passed on 29.07.2020, challenging which the present appeal has been filed.

2. The deceased was aged 37 at the time of demise and had been working in a private company. The first appellant and the deceased had been proceeding from their house to the bus stand by a two wheeler, when vehicle (TATA ACE) driven by the first respondent had overtaken the two wheeler and colluded with the same.

3. Both the deceased and his wife, who was riding pillion, had sustained serious injuries. The deceased had initially been admittedly in the Tanjore Medical College Hospital and thereafter in a private hospital, where he succumbed to the injuries on 09.02.2018. At the time of his demise, the second appellant was aged 6 years and the third appellant was in the womb of her mother. She was born on 23.06.2018, after the demise of her father.

4. The award passed by the Tribunal determines the compensation in the following manner:-

“1.Approx. Monthly Income - Rs.25,000/-

2.Future Prospects Added - Rs.35,000/-

3.Personal Expenses (-) - Rs.8750

4.Annual Income - Rs.3,15,000/-

5.Multiplier of 15 Added - Rs.47,25,000/-

6.Income Tax Deduction - Rs.12,30,0000/-

7.Loss of Income After IT deduction - Rs.34,95,000/-

8.Loss of Consortium - Rs.40,000/-

9.Funeral Expenses - Rs.15,000/-

10.Loss of Estate - Rs.15,000/-

11.Medical Expenses - Rs.4,51,690/-

Total Compensation - Rs.40,16,690/-”

5. The appeal has been filed on the ground that the computation of compensation awarded, does not satisfy proper parameters, as evolved over time by the Courts. Though the errors in computation as pointed out by the appellants are many, upon discussion in the course of hearing today, we are in a position to arrive at a determination of computation that finds acceptance by the appellants as well as the Insurance Company.

6. The income of the deceased has been fixed at a sum of Rs. 25,000/- per month. Upon consideration of future prospects, income per month stands enhanced to Rs.35,000/- and the annual income arrived at is thus arrived at a sum of Rs.4,20,000/-. Deduction for personal expenditure has been adopted at 1/4th thereof and loss of income is quantified at Rs.47,25,000/-.

7. The Tribunal has fixed deduction of income tax at a rate of 26% (approx.) amounting to a sum of Rs.12,30,000/-. We find this to be on higher side. As per the applicable slabs under the Income Tax Act, 1961, income upto 2.5 lakhs would suffer no income tax, and income between Rs.2,50,000/- and Rs.5,00,000/-, would suffer tax at the rate of 5%.

8. Further, an error has crept into the computation for conventional damages that are to be attributed to all legal heirs being wife, children and parents. In the present case, the Tribunal has proceeded to award conventional damages to the wife alone of a sum of Rs.70,000/-.

9. In our view, loss of consortium must be awarded to each of the claimants at an Rs.40,000/- each. We further quantify loss of estate at a sum of Rs.15,000/- and funeral expenses at an amount Rs.15,000/-, in all, a sum of Rs.2,30,000/-. The computation as aforesaid,