The District Collector vs Palaniammal on 19 November, 2024
in the case of Chariman, Tamil Nadu
Electricity Board, Chennai vs. R.Bakkiyavathi, wherein it was held
that the structured formula as found under Sec.163-A of the Motor
Vehicles Act is to be followed while calculating compensation. Therefore,
the trial court fixed the notional income as Rs.30,000/- per year and
expecting the length of life for another 15 years along with consortium for
love and affection, thereby totally a sum of Rs.5,30,000/- was awarded.
But, on perusal of compensation awarded by the trial court, it needs
modification, since at the time of death of deceased, the plaintiff being a
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widow lady brought up his son at her own source of income and while he
studied in 10th std. he died due to electrocution. She was made to stand in
the remaining life without any love and affection of her son as well as
without any source of income. Furthermore, at the time of death, the
deceased was 15 years old boy and if he is not died, he would lead his life
for another 40 years. Considering the fact that the date of occurrence of the
year 2009, earlier at that time notional income per year was fixed as
Rs.30,000/- but this court is inclined to fix the notional income per month
as Rs.7000/- and by applying multiplier of 15%, the amount comes around
Rs. 12,60,000/-. Since she lost her only son, for love and affection,
consortium is fixed at Rs.2,00,000/- and for the expenses of last rites, a
sum of Rs.25,000/- is fixed. In total, a sum of Rs.14,85,000/- is awarded as
compensation along with interest at the rate of Rs.6% from the date of
filing the petition till realisation. As the widow lady approached the court
for more than 11 years and all these years, she is not able to realise the
fruits of the decree. Therefore, the defendants are directed to deposit the
award amount as stated supra within a period of eight weeks from the date
of receipt of copy of this order, failing which, the plaintiff is entitled to
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prosecute the Execution Petition and if any such petition is filed, the
Executing Court is directed to dispose the execution proceedings within a
period of three months from the date of filing the petition. Accordingly,
this Appeal Suit is dismissed. Thus, suit is decreed. Time to deposit the
amount awarded is granted for the period of eight weeks (2 months) from
the date of receipt of copy of this judgment. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.