The main legal point established in the judgment is the court's authority to enhance compensation based on a thorough analysis of the deceased's income, future prospects, and other compensations.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 05.12.2018 made in M.C.O.P.No.8749 of 2015 on the file of Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai.)

V.M. Velumani, J.

1. The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 05.12.2018 made in M.C.O.P.No.8749 of 2015 on the file of Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai.

2. The appellants are claimants in M.C.O.P.No.8749 of 2015 on the file of Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.4 Crores as compensation for the death of one Indrajit Gupta, who died in the accident that took place on 30.10.2015.

3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of bus belonging to the 1st respondent and directed the 1st respondent as well as the 2nd respondent/Insurance Company being insurer of the said bus to pay jointly and severally a sum of Rs.1,15,00,000/- as compensation to the appellants.

4. Not being satisfied with the amounts awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.

5. The learned counsel appearing for the appellants contended that the deceased was aged 38 years at the time of accident, he was working as a General Manager (Operations Costal Region) ISS SDB Global Company as well as in private service and was earning a sum of Rs.1,50,000/- per month. To substantiate the same, the appellants have examined one Rajasekaran as P.W.2 and marked the documents as Ex.P6 to P8, P11 and P22 to P26. The Tribunal without considering the same, fixed only a meagre sum of Rs.60,000/- per month as notional income of the deceased. The appellants have spent a sum of Rs.6,55,887/- towards medical expenses as per Ex.P19/ medical bills. The Tribunal failed to award the same towards medical expenses. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation.

6. Per contra, the learned counsel appearing for the 2nd respondent/Insurance Company contended that the notional income fixed by the Tribunal is not meagre. The Tribunal has not deducted any amount towards income tax while arriving compensation towards loss of dependancy. The total compensation awarded by the Tribunal is excessive. The appellants have not made out any case for enhancement of compensation and prayed for dismissal of the appeal.

7. Though notice has been served on the 1st respondent and their name is printed in the cause list, there is no representation for them either in person or through counsel.

8. Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the 2nd respondent/Insurance Company and perused the entire materials available on record.

9. From the materials on record, it is seen that it is the contention of the appellants that at the time of accident, the deceased was working as a General Manager in (Operations Costal Region) ISS SDB Security Services Private Limited as well as in Shell India Markets Private Limited and was earning a sum of Rs.1,50,000/- per month. To substantiate their contention, the appellants have produced documents such as salary slips, appointment order, educational qualification, PAN card, Form 16 and bank passbook as Exs.P6 to P8, P11 to P18, P22 to P26 and P28 and examined one Rajasekaran as P.W.2. At the time of accident, the deceased was working in ISS SDB Security Services Private Limited. A perusal of Ex.P26/salary slip of the deceased for the months of August and September 2015 reveals the gross salary of the deceased is Rs.87,852/-. After deduc