JUDGMENT :

1. This civil miscellaneous appeal has been filed by the appellants/claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Small Causes Court, Chennai, in M.C.O.P. No. 4210 of 2007 dated 15.06.2012.

2. As per the averments in the claim petition filed before the Tribunal, on 14.10.2007 at about 15.30 hrs while the deceased was proceeding in the motor cycle bearing registration number TN 20 AB 4086 from 2nd street, Nesamani Nagar, Perumbakkam towards Nesamani Nagar Main Road Junction, a tipper lorry bearing registration number TN 05 C 8826 came in a rash and negligent manner in a reverse direction to the Nesamani Nagar 2nd Street and hit the deceased which led to the death of the deceased. The claimants are the wife, minor children of the deceased and parents of the deceased. The claimants claimed a sum of Rs.15,00,000/- towards the compensation for the death of the deceased/P.Shanmugam.

3. Before the Tribunal, the first respondent remained ex-parte and the 2nd respondent insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company resisted the claim petition by stating that the deceased failed to observe traffic on the road and tried to cross the junction and in that process the deceased dashed against the said lorry and the deceased was solely responsible for the said accident. Even though the insurance company is the insurer of the offending vehicle, contributory negligence is there on the part of the deceaseed. The Insurance Company also disputed the age and occupation of the deceased and also the amount of compensation claimed under various heads.

4. In order to prove the claim, on the side of claimants, the first claimant was examined as P.W.1, one Mr.E.Parthasarathy, was examined as P.W.2 and 7 documents were marked viz., Ex.P.1 to P.7. On the side of the second respondent, one Mr.Sanjay Kumar was examined as R.W.1 and three documents were marked viz., Ex.R1 to R3.

5. The Tribunal after analysing the entire evidence available on record came to the conclusion that the accident was occured due to the rash and negligent driving of the driver of the Tripper Lorry belongs to the first respondent and insured with the second respondent and passed an award for a sum of Rs.7,68,500/- under the various heads.

6. Not being satisfied with the award passed by the Tribunal, the present appeal has been filed by the claimants for enhancement of compensation.

7. The learned counsel for the appellant would submit that the Tribunal has fixed only Rs.4,500/- per month for the deceased who was working as mason and the same requires interference of this court. He further submitted that award amount towards love and affection, loss of expectation of life are also meagre and the same needs enhancement.

8. The learned counsel for the 2nd respondent would submit that award amount passed by the Tribunal is perfectly in order and the same may be confirmed.

9. Heard the counsel for both sides and perused the materials placed on record. The Tribunal, on appreciation of the oral and documentary evidence, awarded compensation under various heads as under.

Sl.No Head under which the

amount is awarded Amount awarded by

the Tribunal(in Rs.)

1 Pecuniary loss Rs.6,88,500/-

2 Loss of Consortium Rs.20,000/-

3 Loss of Love and affection Rs.40,000/-

4 Funeral Expenses Rs.10,000/-

5 Loss of Expectation of Life Rs.10,000/-

Total Rs.7,68,500/-

10. Admittedly the accident was of the year 2007 and the deceased as a mason would have definitely earned a sum of Rs.6,500/- per month. Hence, this Court is inclined to take the monthly income as Rs.6,500/-. If Rs.6,500/- is taken as the monthly income, the annual income would be arrived at Rs.78,000/-. As the claimant was aged about 28 years at the time of accident, 40% of the amount has to be added towards future prospects. In such case, the annual income of the deceased will scale up to (Rs.9,100 x 12=1,09,200/-). Since the deceased w