The main legal point established in the judgment is the determination of compensation for motor accident victims, considering factors such as notional income, loss of dependency, loss of love and affection, loss of estate, funeral expenses, and future prospects.

JUDGMENT

(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the common judgment and decree dated 26.02.2020, made in M.C.O.P. Nos.6499 & 6562 of 2018, on the file of the Chief Judge, (Motor Accident Claims Tribunal) Small Causes Court, Chennai.)

Common Judgment

V.M. Velumani, J.

1. These appeals have been filed for enhancement of compensation granted by the common award dated 26.02.2020, made in M.C.O.P. Nos.6499 & 6562 of 2018, on the file of the Chief Judge, (Motor Accident Claims Tribunal) Small Causes Court, Chennai.

2. Both the appeals arise out of the same accident and common award and hence, disposed of by this common judgment.

3. The appellants-claimants in both the appeals filed M.C.O.P. No.6499 & 6562 of 2018, on the file of the Chief Judge, (Motor Accident Claims Tribunal) Small Causes Court, Chennai, claiming a sum of Rs.60,00,000/- and Rs.80,00,000/- as compensation for the death of one Lavanya and Moorthi respectively, who died in the accident that took place on 30.09.2018.

4. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by driver of the Car owned by the 1st respondent and directed the 2nd respondent, as insurer of the offending vehicle, to pay a sum of Rs.16,75,000/- and Rs.26,75,400/- as compensation to the appellants 1 & 2 in C.M.A.No.1939 of 2021 and appellants 1 to 4 in C.M.A.No.1940 of 2021 respectively. The Tribunal dismissed the claim petition in M.C.O.P.No.6499 of 2018 as against the appellants 3 and 4.

5. Not being satisfied with the amounts awarded by the Tribunal in the common award dated 26.02.2020, made in M.C.O.P. Nos.6499 & 6562 of 2018, the appellants in both the appeals have come out with the present appeals.

6(i).The learned counsel appearing for the appellants in C.M.A.No.1939 of 2021 contended that at the time of accident, the deceased Lavanya was aged 19 years and was working as a Supervisor/Data Entry Operator at Sri Sai Supply at Singaperumal Koil and was earning a sum of Rs.20,000/- per month. The Tribunal, without considering the year of accident is 2018, erroneously fixed only a meagre sum of Rs.10,000/- per month as notional income of the deceased. The appellants were dependent on the deceased Lavanya and the Tribunal ought not to have deducted 50% towards her personal expenses. Adopting 100% of income as future prospectus, the Tribunal ought to have awarded more amount as compensation towards loss of dependency, funeral expenses and loss of love and affection. The Tribunal failed to award any amount towards loss of estate, loss of filial consortium, mental agony and damages. The Tribunal erred in not awarding compensation towards appellants 3 and 4, siblings of the deceased, who are also dependent on her. In any event, the total compensation awarded by the Tribunal is meagre and prayed for enhancement of the compensation.

6(ii).The learned counsel appearing for the appellants in C.M.A.No.1940 of 2021 contended that at the time of accident, the deceased Moorthy was aged 30 years and was working as a Mechanic for Motor Vehicles and was earning a sum of Rs.35,000/- per month. The Tribunal, without considering the year of accident is 2018, erroneously fixed only a meagre sum of Rs.12,000/- per month as notional income of the deceased. The appellants were dependent on the deceased Moorthy and the Tribunal ought not to have deducted 1/4th towards his personal expenses. Adopting 100% of income as future prospectus, the Tribunal ought to have awarded more amount as compensation towards loss of dependency, funeral expenses, loss of consortium and loss of love and affection. The Tribunal failed to award any amount towards loss of estate, loss of filial consortium, mental agony and damages. In any event, the total compensation awarded by the Tribun