The court emphasized the need to consider the deceased's gross salary and the appropriate multiplier for calculating loss of dependency under the Motor Vehicles Act.

Being dissatisfied with the quantum of compensation of Rs.3,08,600/- awarded by the Tribunal for the death of Baskaran in the road traffic accident on 17.08.1999, wife and daughters of deceased Baskaran have preferred this appeal.

2. Relevant facts which are necessary for disposal of these appeals are as follows: -

On 17.08.1999 at about 19.30 hours when the deceased was walking along the left side of the GNT Road, a lorry bearing Registration No.TNG 9367 which was coming in the opposite direction in a rash and negligent manner hit the deceased, as a result of which, the deceased sustained head injuries and fatal injuries all over the body. The deceased was admitted in Stanley Hospital where he succumbed to the injuries on 18.08.1999. At the time of accident, the deceased was working as peon and was getting monthly salary of Rs.2,125/-. Alleging that the accident was due to the rash and negligent driving of the lorry driver, claimants have filed Petition under Section 166 M.V. Act, claiming compensation of Rs.7,00,000/.

3. Opposing the claim, the Insurance Company has filed counter denying negligent driving of the offending vehicle. Insurance Company also disputed age, occupation and income of the deceased and the loss of dependency.

4. Before the Tribunal, 1st claimant was examined as PW-1. Eye witness was examined as P.W.s 2. Assistant Bank Manager was examined as PW-3. Exs.P-1 to P-12 were marked. The respondents have neither examined any witness nor marked any document as exhibit. Upon consideration of oral and documentary evidence, Tribunal held that the accident occurred due to rash and negligent driving of the lorry driver and held that the owner of the vehicle – first respondent and the insurer are jointly and severally liable to pay compensation. Taking the monthly income of the deceased at Rs.2,175/- and deducting 1/3rd for personal expenses, the Tribunal had taken the monthly contribution at Rs.1,415/- and calculated the annual dependency at Rs.16,980/-. Adopting multiplier 17, Tribunal has calculated the loss of dependency at Rs.2,88,660/-. Adding conventional damages, the Tribunal has awarded total compensation of Rs.3,08,600/-.

5. Challenging the quantum of compensation, learned Counsel for the Appellant has submitted that the Tribunal erred in taking the monthly salary of the deceased as only Rs.2,175/- whereas his gross salary was Rs.4,800/- p.m. The learned Counsel for the Appellant further submitted that the Tribunal erred in failing to assess the future prospects of the deceased. It was further submitted that the deceased was working as peon and that he had another 26 years of service and that he would have earned periodical increments and he would have also been promoted to higher posts and he would have earned more salary and the future prospects of the deceased was not kept in view while arriving at annual dependency.

6. The learned Counsel for the second respondent Insurance Company has submitted that the quantum of compensation arrived at by the Tribunal is just and reasonable. The learned Counsel for the insurance further submitted that the deceased was aged 32 years at the time of accident and he was a bachelor and while so, the Tribunal erred in adopting multiplier 17 based on the age of the deceased and the Tribunal ought to have adopted multiplier 10 or 11 based on the age of the first claimant – mother of the deceased and therefore, the quantum of compensation awarded by the Tribunal is fair and reasonable.

7. It is not necessary to narrate the entire facts as to how the accident has occurred, who was responsible and who was rash and negligent in driving the vehicle. It is for the reason that the Tribunal has recorded the findings on the above aspects in favour of the claimant. Secondly, those findings of the Tribunal are not under challenge. Only the quantum of compensation is in dispute.

8. At the time of accident, deceased Baskaran was aged 32 years and he was working as a peon in th