The main legal point established in the judgment is the correct determination of the deceased's income and future prospects for the calculation of compensation in motor accident claims.

KRISHNAN RAMASAMY, J.

1. Aggrieved over the award passed by the Motor Accidents Claims Tribunal, III Additional District Judge, Dharapuram in MCOP. No. 756 of 2014 dated 15.12.2016, the appellant herein, who is the third respondent in the above said MCOP, has filed this Appeal.

2. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company.

3. The brief facts of the case are as follows:-

On 14.04.2014 at about 7:00 a.m. the deceased was driving the car and was travelling along with his family members in a Maruti Alto Car bearing Reg.No.TN 37 AY 3520 and met with an accident, when the first respondent drove the Nissan Terrano Car bearing Reg.No.TN 38 BX 0412 from West to East in a rash and negligent manner, without keeping the side or sounding horn or following the rules of the road in a high speed, the accident occurred. Due to the high speed, the first respondent lost control and dashed against the deceased Maruti Alto Car with great force. The deceased was driving the car from West to East on the Northern edge of the West-East Chettipalayam to Palladam main road near Maruthakaliamman Kovil, Chinnakalimedu. Due to the said accident the deceased S.Murugaraj was thrown off and sustained grievous injuries all over his body and died on the spot.

4. According to the claimants the age of the deceased was 45 years at the time of death and he was working as Senior Executive Manager in Absal India Limited and APS Agro Tech Limited, Madurai and was earning about Rs. 2,00,000/- per month after meeting all the expenses.

5. The third respondent/Insurance Company filed its counter in MCOP denying that the accident occurred due to the negligent driving of the driver of the Nissan Terrano Car bearing Reg.No.TN 38 BX 0412 but only due to the negligent driving of the deceased Murugaraj ie., driver of the Maruti Alto Car bearing Reg.No.TN 37 AY 3520 and also denies the quantum of compensation. Hence, the claimants filed the claim petition.

6. The Tribunal after considering pleadings and evidences both oral and documentary, came to the conclusion that the accident occurred due to the negligent driving of the driver of the Nissan Terrano Car bearing Registration No.TN 38 BX 0412.

7. The Tribunal awarded a sum of Rs. 1,21,09,513/- as compensation to the claimants against the claim amount of Rs. 4,00,00,000/- and directed the Insurance Company to pay the amount to the claimants. Aggrieved over the said findings and award, the appellant/Insurance Company has come forward with the present appeal.

8. Now the issue for consideration, in this appeal, by this Court is that whether the compensation awarded by the Tribunal is just and fair

9. The accident occurred on 14.04.2014. At the time of accident Maruthi Alto Car bearing Reg.No.TN 37 AY 3520 was driven by the deceased (S.Murugaraj). The first respondent (before Tribunal) drove the Nissan Terrano Car bearing Reg.No.TN 38 BX 0412 from East to West without keeping the side or sounding horn or following the rules of the road in a high speed and dashed against the Maruthi Alto Car. The accident occurred due to the rash and negligent driving of the first respondent and the deceased (S.Murugaraj) died on the spot. In this regard FIR was registered in Crime No.74 of 2014 under Sections 279, 337, 338, 304 (A) IPC at Chettipalayam Police Station. The deceased S.Murugaraj left behind his daughter and son who are the legal heirs.

10. On behalf of the claimants, PW1 Ranjith Kumar was examined and Exhibits Ex.P.1 to Ex.P.35 were marked. PW2 who is an eye witness was travelling in the Maruti Alto Car at the time of accident. She deposed that she was sitting on the left side of the car and due to the negligent driving of the 1st respondent/driver of the Nissan Terrano Car bearing Reg.No.TN 38 BX 0412 the accident occurred. According to the eye witness the accident occurred due to t