JUDGMENT :

R. SUBBIAH, J.

These matters are heard through Video Conferencing.

2. Challenging the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 27.08.2019 passed in M.C.O.P.Nos.2829 and 6769 of 2014 on the file of Motor Accident Claims Tribunal, Special Sub Court I, Chennai, the appellant Insurance Company has filed the present appeals.

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

First respondent in C.M.A.No.1173 of 2021 is the mother of the deceased Arun Kumar. Respondents 1 to 3 in C.M.A.No.1176 of 2021 are the wife, daughter and minor daughter of the deceased Kathirvel. On 25.02.2014 at about 15.00 hours, while both the deceased were travelling as passengers in Maxi Cab bearing Registration No.TN-09-BS-3624 from Kalapattu to Chennai, the driver of the Maxi Cab driven the same in a rash and negligent manner and dashed against the road side tree, as a result of which the deceased sustained grievous injuries and died on the spot. Hence, respondents/claimants filed claim petitions seeking compensation in sums of Rs.75,00,000/- and Rs.45,00,000/- respectively.

4. Resisting the claim, the Insurance Company had filed a detailed counter inter alia stating that the accident had not occurred in the manner as projected by claimants. They further denied the age, occupation and income of the deceased.

5. To prove their claim, before the Tribunal, the claimants examined 4 witnesses and marked 28 documents. On the side of Insurance Company none were examined and no exhibits were marked.

6. On appreciation of materials, the Tribunal, found that the accident had occurred due to the rash and negligent driving of the Maxi Cab bearing Registration No.TN-09-BS-3624 and held that the appellant Insurance Company, being the insurer of the offending vehicle, is liable to pay compensation. The compensation awarded by the Tribunal is as follows:

The said sum was directed to be paid together with interest at 7.5% p.a. from the date of claim petition till the date of realization.

7. C.M.A.No.1173 of 2021 [M.C.O.P.No.6769 of 2014]

(i) Learned counsel for appellant Insurance Company submits that it is the case of claimant that the deceased was working as an Admin Executive in M/s.Venkateswara Foods, Chennai and was earning a sum of Rs.25,000/- p.m. Absolutely, no documentary proof was produced to show that the deceased was earning a sum of Rs.25,000/- p.m. However, the Tribunal had fixed the notional monthly income at Rs.20,000/- and awarded a sum of Rs.28,56,000/- as compensation under the head ‘loss of dependency’. The contention of learned counsel is that in the absence of any documentary proof, the Tribunal ought not to have fixed a sum of Rs.20,000/- as the monthly income of the deceased. Thus, learned counsel prays this Court for proper reduction of compensation.

(ii) Learned counsel for first respondent/claimant made his submissions supporting the award passed by the Tribunal.

(iii) Since only the quantum of compensation is challenged in the present appeal, this Court is not dealing with the other aspects of the award.

(iv) This Court has considered the rival submissions and perused the materials on record.

(v) The accident took place in the year 2014. As rightly submitted by the learned counsel for appellant Insurance Company, the amount of Rs.20,000/- fixed by the Tribunal as the monthly income