The main legal point established in the judgment is the determination of compensation for the death of the deceased and the minor child, considering pecuniary damages, loss of consortium, and non-pecuniary damages.

S. Manikumar, J.

In the accident, which occurred on 21/5/2015, between a motor cycle, bearing Registration No. TN24B-2707 and a transport Corporation bus, bearing Registration No. TN25N-0135, M.Rajadurai, aged about 42 years, minor daughter, Abinayasree, aged about 7 years, studying in II Standard, in Adhiyaman Matric School, Uthangarai, died. A case in Crime No. 319 of 2015, under Sections 279, 337 and 304 of the Indian Penal Code has been registered, against the driver of the Transport Corporation bus.

2. Contending inter alia that at the time of accident, the sole bread winner and deceased, was an agriculturalist and also running a fertiliser shop in the name and style of Kalaimagal Agro Service, earned Rs.30,000/- p.m., legal representatives, wife, minor daughter and parents of the deceased filed M.C.O.P. No. 587 of 2015, on the file of the Motor Accident Claims Tribunal (Principal District Judge), Krishnagiri, claiming compensation of Rs.50 lakhs.

3. Mother, minor sister and grandparents of the deceased Abinayasree filed M.C.O.P. No. 588 of 2015, on the file of the Motor Accident Claims Tribunal (Principal District Judge), Krishnagiri, claiming compensation of Rs.15,00,000/-

4. As both the claim petitions arose out of the same accident, evidence being common, they were tried together.

5. On evaluation of pleadings and evidence, by a common judgment in M.C.O.P.Nos.587 and 588 of 2015, dated 20/10/2016, the claims Tribunal held that the driver of the Transport Corporation bus, bearing Registration No. TN25N-0135, was negligent in causing the accident.

6. In so far as M.C.O.P.No.587 of 2015, claiming compensation of Rs.50 lakhs, for the death of M.Rajadurai, based on the oral testimony of P.W.1 wife, Ex.P.7 Diploma Certificate issued by Tamil Nadu Agricultural University, Coimbatore, to the deceased and Ex.P.8 Bill books of Kalaimagal Agro Service, by accepting the avocation, the Tribunal fixed the monthly income of the deceased as Rs.12,000/-. However, when the dependants were only 4 in number, Tribunal deducted 1/5 towards the personal and living expenses of the deceased and thus arrived at the monthly income as Rs.9,600/-. Based on Ex.P.2 Post-mortem certificate, the Tribunal determined the age of the deceased, as 42 years. By applying 15 multiplier, computed the loss of contribution to the family as Rs.17,28,000/- (9600 x 12 x 15). A sum of Rs.1,50,000/- has been awarded as loss of consortium. Rs.2 lakhs under the head loss of Love and Affection, Rs.25,000/- under the head funeral expenses, and Rs.5,000/- for transportation has been awarded. Altogether, the Tribunal has awarded Rs.21,08,000/-, with interest at the rate of 7.5% p.a., from the date of claim, till deposit and costs, as hereunder:-

Loss of earnings	Rs. 17,28,000/-
Transport to Hospital	Rs. 5,000/-
Funeral Expenses	Rs. 25,000/-
Loss of Consortium	Rs. 1,50,000/-
Loss of Love and Affection	Rs. 2,00,000/-
Total	Rs.21,08,000/-

7. As regards compensation to the mother, minor daughter and others, for the death of the minor child, Abinayasree, aged about seven years, following the decision of the Supreme Court in R.K. Malik & Another Vs. Kiran Pal & Ors reported in {2009 (1) TNMAC 593}, Jithender Kumar and another Vs The Oriental Insurance Company Ltd., and another, reported in 2010 (1) TNMAC 688, the Tribunal determined the pecuniary damages and future prospects as Rs.3,75,000/-. That apart, the Tribunal has awarded Rs.5,000/- under the head Transport to Hospital, Rs.25,000/- for Funeral Expenses and Rs.2,00,000/- for loss of Love and Affection. Altogether, the Tribunal had awarded compensation of Rs.6,05,000/-, with interest at the rate of 7.5% p.a., from the date of claim till deposit and costs.

8. Challenging the quantum of compensation, awarded by the Motor Accident Claims Tribunal, Managing Director, Tamil Nadu State Transport C