The family of a self-employed person who died in a road accident three years ago, will get nearly Rs.8.50 lakh, more than the sum awarded by a claims tribunal, thanks to a Madras High Court order.
Jaya and her three children will now get Rs.27.64 lakh as against Rs.19.07 lakh ordered by the Motor Accidents Claims Tribunal, III Additional District Court and Sessions Judge, Poonamallee in October 2012.
A Division Bench, comprising Justices S. Rajeswaran and S. Vaidyanathan, passed the judgment on an appeal filed by the claimants against the tribunal’s order.
On February 3, 2011, Jaya’s husband Vijayan was travelling in a car from Tiruchi to Chennai when the vehicle was hit by a lorry in Cuddalore district. Vijayan sustained multiple head injuries and died in a hospital the same day.
The tribunal awarded Rs.19.07 lakh as compensation with interest. The victim’s family preferred an appeal. Royal Sundaram Alliance Insurance Company said the compensation awarded was excessive.
Writing the judgment for the Bench, Mr. Justice Vaidyanathan said from the facts and evidence it was not in dispute that the accident occurred due to the rash and negligent driving of the lorry which resulted in the death. Citing Supreme Court decisions, he said considering the fact that the victim was self-employed, a trustee of a temple and an income-tax assessee, the tribunal had rightly fixed his monthly income.
Considering the fact that the deceased had completed 49 years of age at the time of accident, the Bench applied the correct multiplier.
As regards the award under the conventional heads, such as loss of consortium, loss of love and affection to children and funeral expenses were concerned, the tribunal had awarded a very meagre amount, the Bench observed and enhanced the total compensation payable to the family as Rs.27.64 lakh.
