The calculation of fair and reasonable compensation in motor accident cases should consider the deceased's potential salary, future prospects, and multiplier to compensate the dependents adequately.

K.K. Sasidharan, J.

This Civil Miscellaneous Appeal is directed against the Award dated 13.07.2006 in M.C.O.P.No.1772 of 2003 on the file of Motor Accident Claims Tribunal (III Additional Subordinate Judge), Tiruchirappalli in and by which a sum of Rs.15,99,000/- was awarded as compensation to the respondents, being the dependants of the deceased P.Krishnamoorthy, who died in a motor accident on 07.04.2003.

2. The owner of the vehicle involved in the accident as well as the Insurance Company are the appellants in the present appeal.

3. The respondents herein preferred a claim petition in M.C.O.P.No.1772 of 2003 before the Motor Accident Claims Tribunal (III Additional Subordinate Judge), Tiruchirappalli claiming a compensation of Rs.20,00,000/- on account of the untimely death of their sole bread winner in an accident on 07.04.2003 involving the vehicle owned by the first appellant and insured by the second appellant.

4. It is the case of the respondents as petitioners in M.C.O.P.No.1772 of 2003 that on 07.04.2003 at about 02.05 p.m., the deceased Krishnamoorthy along with one Muthukumar was travelling in a TVS Suzuki motorcycle and they were proceeding towards Salai Road, Kohinoor Theatre Petrol Bunk in Madurai Road and while they were nearing Maris Theatre over bridge, the bus bearing registration No.TN-45-M-8788 driven by the employee of the first appellant rashly and negligently and hectic speed came to the right side of the road and dashed against the motorcycle driven by the deceased Krishnamoorthy and the impact was so heavy that the motorcycle along with the deceased Krishnamoorthy was thrown out and as a result, he sustained multiple grievous injuries including head injury. In the said accident, the pillion rider Muthukumar also sustained grievous injuries and both the injured were admitted as inpatient in Maruti Hospital, Tennur, Trichy. The deceased Krishnamoorthy sustained head injury and the Neuro Surgeon performed surgery to remove the blood clot in the brain. The deceased was in the Intensive Care Unit and he was unconscious through out the treatment period and finally, he succumbed to the injuries on 13.04.2003 at Maruti Hospital, Tennur, Trichy and his body was taken to the Government Hospital, Trichy, where his post-mortem was performed by the Medical Officer, attached to the Government Hospital.

5. It is the further case of the respondents in their claim petition that the deceased was aged 51 years at the time of his death and he was working as Senior Manager, Canara Bank, Cantonment Branch, Trichy and he was getting a salary of Rs.21,575/- per month. It was also stated that the deceased Krishnamoorthy was working as a Senior Manager at the time of his death and he had the prospect of becoming the Assistant General Manager of Canara Bank and he is also entitled to higher salary and because of his untimely death, the respondents were denied the pleasure and company of the deceased. The first respondent is the wife of the deceased and the second and third respondents are the daughter and son of the deceased and the fourth respondent is the mother of the deceased. It is the case of the respondents that all of them are depending on the income of the deceased for their maintenance. The first respondent lost her conjugal happiness in her early age of

44 years and the second and third respondents lost their affectionate father in their young age and the fourth respondent, who is the mother of the deceased, in her old age lost her affectionate son.

6. The respondents further contended in the claim petition that the accident was solely due to the rash and negligent driving by the driver of the bus owned by the first appellant and a case in Crime No.91 of 2003 was registered by the Traffic North Police, Trichy against the driver under Sections 279, 337 and 304(A) of the Indian Penal Code and the investigation is in progress. The respondents claimed a total sum of Rs.20,00,000/- as compensation on various heads