Observing that in the present society daughters were taking as much as care of their parents as the sons, the Madras High Court, in an appeal, has enhanced the compensation awarded by the Motor Accidents Tribunal from Rs 13.57 lakh to Rs.17.13 lakh applying the principle as per the Supreme Court order.
A Division Bench, comprising Justice M. Jaichandran and Justice Aruna Jagadeesan, termed as 'gender biased' the contention of the Tamil Nadu State Transport Corporation that the deceased was an unmarried woman and if she would have got married after a couple of years there would be no loss to the parents.
The court was disposing of an appeal from the victim's parents and sister seeking enhancement of compensation.
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Dismissing the appeal filed by the Tamil Nadu State Transport Corporation challenging the award passed by the MACT, the bench in its order cited an apex court order to arrive at the enhanced compensation of Rs 17.13 lakh including Rs 20,000 towards funeral expenses.
In 2007, the deceased was riding pillion when the scooter driven by her friend was hit by a transport corporation bus. She succumbed to her injuries the same day in hospital.
Holding that the accident occurred due to rash and negligent driving of the bus driver, the Tribunal applying the multiplier method awarded a compensation of Rs 13.57 lakh.
The bench said the deceased was 23 years at the time of accident. She was a team leader in M/s Net Star BPO Ltd and was earning Rs 13,000 per month.
The tribunal deducted 1/3rd of her salary and determined the loss of earning to the family at Rs 8,667. The tribunal then applied the multiplier method and declared that the claimants were entitled to get a compensation of Rs 13.52 lakh as loss to dependents and Rs 5,000 for funeral expenses.
"Admittedly, the claimants were the dependents to the deceased. She died as an unmarried girl and the deduction of 50 per cent has to be made as personal and living expenses as per the decision of the Supreme Court. However, as she died at 23 years, 50 per cent has to be added for future prospects as the evidence placed on record indicated that she was getting incentives periodically. Thus, her total monthly income has been taken as Rs 19,500, instead Rs.8667 and the award is enhanced to Rs. 17.13 lakh.
