JUDGMENT :

(Prayer: Civil Miscellaneous Petition filed under Section 173(1) of Motor Vehicles Act, to set aside the Judgment and Decree passed by the learned Motor Accident Claims Tribunal/Additional District and Sessions Judge, Theni @ Periyakulam, in M.C.O.P.No.73 of 2019, dated 29.09.2020 in so far as the meagre sum of compensation awarded and allow the appeal.)

1. This Appellants/Claimants have filed this Civil Miscellaneous Petition, to set aside the Order and Decree, dated 29.09.2020 in M.C.O.P. No.73 of 2019 passed by the learned Motor Accident Claims Tribunal/Additional District and Sessions Judge, Theni @ Periyakulam.

2. It is a case of fatal accident, which took place on 20.06.2019, at about 05.00 p.m., at Theni to Periyakulam main road, near Renuga School, Lakshmipuram from south to north in the left side of the road. When the deceased was driving his two wheeler bearing Regn.No.TN-58-AD-0318, the bus belonging to the respondent herein bearing Registration No. TN-57-N.2119 came from the opposite side and dashed against the deceased. Due to the said accident, the deceased died on the spot.

3. The claimants have filed a petition in M.C.O.P.No.73 of 2019 on the file of the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Theni @ Periyakulam, seeking compensation.

4. Before the Tribunal, on the side of the claimant two witnesses were examined as P.Ws.1 & 2 and marked five documents as Exs.P.1 to P.5. On the side of the respondent herein, one witness was examined as R.W.1 and no document was marked.

5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the respondent and also on appreciating the evidences on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the respondent and directed the respondent to pay a sum of Rs.11,20,052.00/- as compensation.

6. Against which, the appellants/claimants have filed this present appeal to enhance the award of compensation passed by the Tribunal.

7. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent and perused the materials available on record.

8. This appellants/claimants have filed this Civil Miscellaneous Petition against the fair and decreetal order, dated 29.09.2020 in M.C.O.P.No.73 of 2019 passed by the learned Motor Accident Claims Tribunal/Additional District and Sessions Judge, Theni @ Periyakulam.

9. The learned counsel appearing for the appellants contended that the impugned award passed by the Tribunal in so far as awarding meagre quantum of compensation is against law, weight of evidence and the facts and probabilities of the case. He further contended that the notional income should be fixed Rs.15,000/- per month, due to increase in the cost of living and economic condition. He further contended that the Tribunal had failed to award any compensation under the head of estate. He further contended that in any event the award amount deserves to be enhanced and the quantum of award passed by the Tribunal is liable to be interfered with.

10. The Tribunal has applied multiplier 13 for the age of the father of the deceased to calculate annual income of the deceased. But, the Tribunal ought to have calculated the multiplier at the age of the deceased.

11. At the time of accident, the deceased was aged about 21 years and hence, the Tribunal ought to have applied multiplier 18 for calculating annual income of the deceased.

12. It is stated in the petition that the deceased was doing a job as Fitter and earned Rs.30,000/- p.m., as income. In support of their contention, these petitioners have not filed any documents to prove the qualification of the deceased.

13. At the time of accident, the deceased was aged about 21 years. The tribunal has fixed Rs.10,000/-per month as his income is very l