N. Seshasayee, J.

The claimants are the legal heirs of one Nachimuthu @ Nachimuthu Gounder, who died in a road accident that took place on 03.06.2007. He, at the relevant time was riding his TVS-50 bearing Registration No. TN-33-A-5466, when a Toyota Qualis LMV bearing Registration No. TN-30B-7681, belonging to the second respondent and driven by the first respondent, dashed against him and owing to multiple injuries that he suffered, he presumably died on the way to the hospital.

2. On various heads, the claimants made a consolidated claim of Rs.4,00,000/-, whereas the Tribunal has passed an award for Rs.92,000/-.

3. Learned counsel for the appellants submitted that the deceased Nachimuthu @ Nachimuthu Gounder possessed agricultural lands, was engaged in coconut business and also in milk vending business. Adding further he would submit that the Tribunal has fixed the income of the deceased notionally at Rs.2,000/- per month, which is unrealistic if the different avocations in which the deceased was engaged in is taken into consideration. He also added that the Tribunal was unduly parsimonious in granting compensation on the head of loss of love and affection for the children, loss of consortium to the widow and compensation awarded on all these heads need interference and accordingly the compensation awarded deserves a just and fair enhancement.

4. The respondents have been served with notice, but have not participated in the proceedings, hence, this matter is heard ex parte.

5. The summary of the compensation claimed under various heads and the one awarded by the Tribunal is tabulated below :

Heads of Compensation	Amount claimed (Rs.)	Amount awarded (Rs.)
Loss of income and dependency	3,70,000/- (loss of future earnings, close relationship, mental agony etc.)	80,000/-
Mental stress and shock		2,000/-
Love and affection		5,000/-
Funeral expenses	10,000/-	5,000/-
Transportation expenses	6,000/-	Nil
Damage to cloths and articles	2,000	Nil
Other expenses (TVS-50 fully damaged)	12,000	Nil
Total :	4,00,000/-	92,000/-

6. On the head of future dependency, the Tribunal has denied compensation to Nachimuthu Gounder's children, (petitioners 2 & 3) and has awarded compensation only to his widow, the first respondent. In arriving at the quantum on this head, the Tribunal has notionally fixed the income at Rs.2,000/- per month, its finding that he possessed agricultural lands necessary to generate income notwithstanding. The justification for fixing the notional income of the deceased at Rs.2,000/- per was founded by the Tribunal on the premise that since the deceased was aged 64 years he might not have earned more, which appears plainly arbitrary. While awarding compensation on the heads "pain and sufferings", "love and affection", which too were inadequately determined, the tribunal has excluded the children without any basis.

7. Fixing compensation may not be reduced to a number game though an element of subjectivity cannot be ruled out. However, in Smt. Sarala Varma & Others v. Delhi Transport Corporation & Another [2009(2)TNMAC 1(SC)], the Hon'ble Supreme Court has evolved a strategy to achieve parity in determining compensation but that operates essentially in the (a) choice of multiplier to be employed; (b) in the percentage of income allowable for own use of the victim of the accident; and (c) in the need to factor in the future prospects for increase in income of the victim of the fatal road accidents among salaried and organized sector for achieving a realist value of the loss of dependency. This was subsequently developed in Santosh Devi v. National Insurance Co., Ltd., [2012(2) TNMAC 1 (SC) where the Suprem