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2023 Supreme(Mad) 1333

RMT. TEEKAA RAMAN
Arulmary – Appellant
Versus
Kavitha – Respondent


Advocates appeared:
For the Appellants:Ramya V. Rao, Advocate. For the Respondents:R2, N. Somasundaar, Advocate, R1, No appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 to enhance the award dated 07.03.2022 passed in MCOP No.100 of 2019 on the file of the Motor Accident Claims Tribunal [Sub Court], Panruti.)

Claim petitioners are the appellants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (Sub Court), Panruti, vide judgment and decree dated 07.03.2022 in MCOP No.100 of 2019.

2. For the sake of convenience, the parties are hereinafter referred to as per their ranking before the claims tribunal.

3. The factum of the accident, the manner of the accident and the negligence on the part of the driver of the offending vehicle, are not disputed and hence, the findings of the tribunal are confirmed.

4. On the point of quantum of compensation both the parties are heard.

5. Main contention of the learned counsel for the appellants/claim petitioners, is that the claims tribunal by fixing a lesser income i.e. Rs.9,000/- as notional income of the deceased-Francis, who was a Mason, adding 25% towards future prospects as per the decision of our Hon-ble Supreme Court in [National Insurance Company Limited Vs. Pranay Sethi, reporte






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