IMPORTANT POINT
As the age of the deceased at the time of the death was 24 years, the multiplier of 18 ought to have been applied. The deceased being a bachelor and the claimants being parents, the deduction of 50% has to be made as personal and living expenses.

JUDGMENT

C. Nagappan, J.:-Leave granted.

2. Feeling dissatisfied with the reduction of compensation determined by the Motor Claims Tribunal, Second Small Causes Court, Chennai in Motor Accident Claim No.M.A.C.T.O.P. No.4973 of 2001, the appellants have preferred this appeal.

3. The deceased Amjath Khan Arabu, is the son of the appellants. The deceased was travelling as passenger in a Transport Corporation Bus bearing registration no.TN-01-N-6587 to Kumbakkonam from Tambaram on the Grand Southern Trunk Road, while the bus was proceeding near the village Silavattam, a container lorry bearing registration no.TN-01-C-6248 coming rashly and negligently in the opposite direction dashed against the Corporation Bus, resulting in the instantaneous death of five persons including the son of the appellants. The parents of the deceased-Amjath Khan Arabu, filed a claim petition under Section 166 of the Motors Vehicle Act (for short “the Act”) for awarding of compensation to the tune of Rs.28,00,000/-. They pleaded that the accident was caused due to rash and negligent driving of the container lorry, owned by the Respondent No.1 and that, at the time of his death the age of the deceased was 24 years and he was a MBA Graduate and employed as Business Manager in Intel Comox Management India and was earning Rs.18,100/-per month.

4. Respondent No.1 did not appear and was set Ex-parte. Respondent No.2, insurer of the container lorry, filed a written -statement stating that the accident was not caused due to the negligence on the part of the driver of the container lorry and also denied the claimant’s assertion about the income of their son Amjath Khan Arabu.

5. Two other claim petitions, arising out of the same accident, were clubbed with the claim petition of the appellants and the Tribunal framed the following issues :

“1. As to who is the cause for the accident cited in these petitions?

2. If so, what should be compensation amount which are liable to be received in each of the petitions?”

6. In support of the claim petitions the first appellant examined himself as PW-1 and four other witnesses were also examined. PW-2 and PW-4 were traveling in the bus and witnessed the accident. According to PW-1 the first appellant, their son Amjath Khan Arabu studied MBA and has been working as the Business Manager in the Firm called Intel Comox Management India and his salary was Rs.18,100/-. Ex.A-1 to A-10 were marked as documents which included the Post Mortem Certificate, MBA Degree Certificate, -Appointment Order for the Job done, Salary Certificate and copy of the Bank Account. No evidence was let in by Respondent No.2.

7. After analyzing the evidence, the Tribunal decided Issue No.1 in the affirmative and held that accident was caused due to rash and negligent driving of container lorry owned by the first respondent.

8. While dealing with the Issue No.2, the Tribunal accepted the evidence produced to show the employment of the deceased as Business Manager and his earning at Rs.18,100/-in the private company. It also determined that the deceased was a bachelor aged about 24 years at the time of accident. The Tribunal deducted 1/3rd of his monthly salary and determined the loss of earnings to family at Rs.12,067/-. The Tribunal then applied the multiplier 17 and declared that the claimants are entitled to get compensation of Rs.24,65,668/-with interest at the rate of 9% per annum from the date of claim petition.

9. Respondent No. 2 the Insurance Company challenged the award of the Tribunal by filing Civil Miscellaneous Appeal No.676 of 2005 before the High Court of judicature at Madras.

10. The High Court referred to the decisions of this Court including Sarla Verma vs. Delhi Transport Corporation (2009) 6 SCC 121 and by the impugned judgment dated 30.4.2010 reduced the compensation to Rs.15,14,648/-by applying multiplier of 12 and observed as follows :

“We determine the Loss of monthly Income/Pecuniary Loss in respect of the deceased at Rs.15,100/-p.