The main legal point established in the judgment is the determination of negligence in a motor accident case and the calculation of compensation based on income tax returns and future prospects.

R. SUBRAMANIAN, J.

1. The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, (Chief Court of Small Causes), Chennai made in MACTOP.No.6016 of 2014. The appeal in CMA.No.3417 of 2017 is by the claimants who are the wife, children of one Hemanta Mandal who died in a road accident that occurred on 28.03.2014 seeking enhancement. The appeal in CMA.No.1749 of 2018 is by the Insurance Company questioning the award on the ground of negligence as well as quantum.

2. According to the claimants, the deceased was riding a motor cycle bearing registration No.TN-21-L-6210. While he was entering the East Coast Raod from Kovalam cut Road, the motor cycle bearing registration No.TN-18-K-8008 which was proceeding from Mahabalipuram to Chennai that is from South to North driven by its driver in a rash and negligent manner came from behind and dashed against the motor cycle driven by the deceased. As a result of the impact, the deceased suffered head injuries leading to his death. The claimant would contend that the deceased was a building sub-contractor and was earning about Rs. 6,00,000/- per annum. His untimely death at the age of 38 has resulted in monetary loss to the family apart from loss of consortium to the 1st claimant wife and loss of love and affection to the claimants 2 and 3 who are the minor children. The claimants assessed the loss at Rs. 66,00,000/-.

3. The claim petition was resisted by the Insurance Company contending that it was the deceased who was responsible for the accident. According to the Insurance Company, the deceased who came from the cut road took a right turn onto the East Coast Road without looking for on coming vehicles resulting in the accident. Since the deceased was negligent, the Insurance Company claimed that it is not liable to pay compensation. The particulars relating to the age and income of the deceased were also disputed by the Insurance Company.

4. The Tribunal which heard the Original Petition on an analysis of the evidence on record came to the conclusion that the accident occurred due to the rash and negligent driving of the two-wheeler bearing registration No.TN-18-K-8008 which was admittedly insured with the appellant Insurance Company. In coming to the said conclusion, the Tribunal relied upon Ex.P1, FIR and evidence of PW2 who was the eye witness. The Tribunal also faulted the Insurance Company for not examining the driver of the offending two-wheeler.

5. On quantum, the Tribunal took the income of the deceased at Rs. 8,000/- per month. The Tribunal dis-believed the income tax returns filed as Exs.P10 to P12. The Tribunal added 50% towards future prospects. Deducting 1/3rd towards personal expenses and applying multiplier of 15', the Tribunal arrived at the loss of dependency at Rs. 14,40,000/-. It also awarded a sum of Rs. 50,000/- towards loss of consortium to the wife, Rs. 75,000/- towards loss of love and affection to the minor children, Rs. 22,865/- towards transport charges, Rs. 1,52,864/- towards medical expenses based on Ex.P3 medical bills, Rs. 25,000/- towards funeral expenses. Thus, the total compensation awarded by the Tribunal worked out to Rs. 17,65,729/-. The Tribunal also granted interest at 7.5% per annum from the date of filing of the petition.

6. We have heard Mr. T. Ananthasekar, learned counsel appearing for the appellants in CMA.No.3417 of 2017 and respondents 1 to 3 in CMA.No.1749 of 2018 and Mr. S. Arumkumar, learned counsel appearing for the appellant in CMA.No.1749 of 2018 and 2nd respondent in CMA.No.3417 of 2017. The 4th respondent in CMA.No.1749 of 2018 though served is not appearing either in person or through counsel.

7. Mr.S.Arunkumar, learned counsel appearing for the Insurance Company would contend that a perusal of the sketch Ex.P2 would demonstrate that the accident had happened almost in the middle of the East Coast Road. The offending two-wheeler bearing registration No.TN-18-K-8008 was admittedly proceeding from Mahabalipur