The main legal point established in the judgment is the application of the principle of preponderance of probability in determining negligence in motor vehicle accident cases and the calculation of compensation based on various factors.

S. MANIKUMAR, J.

1. Being aggrieved by the finding fixing negligence on the driver of the Ashok Leyland Comet Container Lorry bearing Regn. No. TN54-E-2058, liability and the consequential direction to pay compensation of Rs. 20,38,000/- with interest, at the rate of 7.5% per annum, from the date of claim till deposit and costs, awarded in MCOP No. 64 of 2015 dated 13.07.2016, on the file of MACT (Special District Court) Tiruvallur, Reliance General Insurance Company Limited, Chennai, has filed the instant appeal.

2. Case of the respondents/legal representatives is that on 23.07.2012 about 10.30 a.m. when D. Jayagopal was proceeding in his two wheeler, bearing Regn. No. TN-20AV-1865 on the Poonamallee High Road from Koymabedu to Vanagaram, for his official duty, on the left side of the road a container lorry bearing Regn. No. TN-54-E-2058, insured with Reliance General Insurance Co. Ltd. driven in a rash and negligent manner dashed the motorcyclist from behind and due to the impact, the motorcyclist fell down, sustained grievous injuries and died on the spot. In this regard, a case in Cr. No. 983/PH3/12 under Sections 279 and 304-A IPC has been registered against the driver of the container lorry on the file of the Inspector of Police, Poonamallee Traffic Investigation.

3. Contending inter-alia that at the time of accident, the deceased was engaged in business, under the name and style of Shree Ayyappa Traders and was also an agent of Anil Products Distributors in Maduravoyal, earned Rs. 15,500/- per month, legal representatives filed a claim petition for compensation of Rs. 50 Lakhs, under various heads.

4. Reliance General Insurance Company opposed the claim petition on the grounds inter-alia that it was the motorcyclist who caused the accident. Insurance Company denied negligence attributed to the driver of Ashok Leyland Comet Container Lorry bearing Regn. No. TN54-E-2058 and consequently, liability to pay compensation. Without prejudice to the above, company disputed the quantum of compensation claimed under various heads.

5. Wife of the deceased examined herself as PW-1 and reiterated the averments made in the claim petition. PW-2, is stated to be the eye witness. Ex.P1, FIR, Ex.P2, postmortem certificate, Ex.P3, Legalheir certificate, Ex.P4, Certificate of Registration, Ex.P5, Receipt of Shree Ayyappa Traders, Ex.P6, Sub Agents Certificate, Exs.P7 and P8, Income Tax Accounts and Receipts, Ex.P9, Charge Sheet, Ex.P10, Motor Vehicle Inspector's Report, Ex.P11, Rough Sketch, Ex.P12, Receipt of Shree Ayyappa Traders, Ex.P13, PAN Card and Ex.P14, Bank statement, have been marked. On the side of Reliance General Insurance Company, appellant herein no oral or documentary evidence, has been adduced.

6. On evaluation of pleadings and evidence, the claims tribunal held that the driver of the container lorry bearing Regn. No. TN-54E-2058 was negligent in causing the accident.

7. On the quantum of compensation, based on the documents marked viz. Ex.P4, certificate of registration, Exs.P5 and P12, receipts of Shree Ayyappa Traders, Ex.P6, Sub Agents certificate, Exs.P7 and P8, Income Tax Accounts and receipts and Ex.P14, Bank statement of accounts of Shri Ayyappa Traders for the period from 01.01.2010 to 25.08.2012, the tribunal accepted the avocation pleaded and determined the monthly income as Rs. 10,000/-.

8. On the basis of the entry in Ex.P2, Post Mortem certificate and date of birth mentioned in Ex.P13, PAN Card, the tribunal determined the age of the deceased as 43 years. Following the decision of the Hon'ble Supreme Court in Rajesh and Others vs. Rajbir Singh and Others, 2013 (2) TNMAC 55 (SC), the tribunal added 30% of the income under the head future prospects. For computing the loss of contribution to the family, the tribunal fixed the income as Rs. 13,000/-. Following Smt. Sarla Varma & Others vs. Delhi Transport Corporation and Another, 2009 (2) TNMAC 1 (SC) and Reshma Kumari and Others vs. Madan Mohan and Another, 201