The main legal point established in the judgment is the need for evidence-based fixation of income and the principles of just compensation in awarding compensation for motor accidents.

JUDGMENT :

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 12.09.2019 made in M.C.O.P.No.113 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Judge, Villupuram.)

1. The present Civil Miscellaneous Appeal on hand is preferred against the Judgment and decree dated 12.09.2019 made in M.C.O.P.No.113 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Judge, Villupuram.

2. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited is the appellant, filed the appeal, challenging the judgment and decree dated 12.09.2019 passed in M.C.O.P.No.113 of 2017.

3. The appeal is filed mainly on the ground that the Tribunal has passed the award solely based on the F.I.R and there is no proof regarding the age and occupation of the deceased person. The respondents/claimants have not established the income of the deceased. Therefore, the fixation of monthly income of the deceased as Rs.16,000/- is on the higher side. The compensation granted under the other heads are also exorbitant and therefore, the award is liable to be set aside.

4. The learned counsel appearing on behalf of the respondents/claimants disputed the contentions by stating that the deceased was working as a Lecturer and he was a Ph.D holder. He was working in an Engineering College and was drawing a salary of Rs.50,000/- per month. The Tribunal has taken the salary of Rs.16,000/- and awarded compensation. Thus, the award itself is on the lesser side and the appeal is to be dismissed.

5. The accident occurred on 20.03.017 at about 13.00 Hours on Trichy to Chennai-NH-45 Road, Near Palipattalian. Edakkal Police Station registered a case in Crime No.47/2017 under Sections 279, 304(A) IPC. The appellant /Transport Corporation Bus hit against the deceased person and he died. The Claim Petition was filed by the wife, minor son aged about 8 years and the parents of the deceased. The Tribunal adjudicated the issues with reference to the documents and evidences produced. As far as the negligence is concerned, the Tribunal considered the evidence of P.W.2 and the Ex.P1 / FIR. The appellant/Transport Corporation had not produced any contra evidence to rebut the facts stated in the FIR. Thus, the Tribunal arrived a conclusion that the Driver of the Bus bearing Registration No.TN-45-N-3352 had driven in a rash and negligent manner and caused the accident. Thus, the appellant/Transport Corporation is liable to pay compensation to the claimants. As far as the quantum of compensation is concerned, the Tribunal has awarded a sum of Rs.28,10,000/- as total compensation. The Tribunal fixed the monthly income of the deceased as Rs.16,000/-. Accordingly, Multiplier-14 was adopted. A sum of Rs.40,000/- was awarded towards Consortium and Rs.80,000/- was awarded towards Filial Consortium. A sum of Rs.15,000/- was awarded for Funeral Expenses and for Loss of Estate, another sum of Rs.15,000/- was awarded. For children as well as for the parents, a sum of Rs.1,00,000/- was awarded towards Love and Affection. The Tribunal has mistakenly granted a compensation of Rs.1,00,000/- for Love and Affection. In fact, the Consortium was granted to the wife. Thereafter, as per “Pranay Sethi” case [[National Insurance Co. Ltd vs Pranay Sethi and Others, reported in 2017 (2) TNMAC 609(SC)], Parental Consortium need not be granted. This apart, a sum of Rs.1,00,000/- was granted towards Love and Affection, which is also not contemplated in “Pranay Sethi Case”(cited supra) in the Apex Court.

6. However, this Court is of the considered opinion that the monthly income fixed by the Tribunal is inadequate, in view of the fact that the deceased was the Senior Lecturer and he has completed his Doctorate in Chemistry. Further, it is stated that he was working as Chemistry Lecturer from the year 2005 onwards. He is having the Teaching Experience of more than 12 years and being a Doctorate