The court's decision emphasized the consideration of the deceased's qualifications, experience, and age in determining the compensation for the accident.

JUDGMENT

(Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and decree dated 04.10.2019 made in M.C.O.P.No.1088 of 2016 on the file of the Additional District Court (FAC) (Motor Accidents Claims Tribunal), Namakkal.)

D. Krishnakumar, J.

1. Dissatisfied with the award, dated 4.10.2019, passed by the Motor Accidents Claims Tribunal, Namakkal, in M.C.O.P.No.1088 of 2016, the claimants have preferred the instant appeal for enhancement of compensation awarded by the tribunal.

2. According to the appellant, on 22.05.2014 at about 7.45 a.m. near Rayarpalayam bus stop in Namakkal to Tiruchengode main road, the deceased Prasanth was travelling as a pillion rider in a Apachi bike bearing registration No.TN 37 BS 9067 driven by its rider drove the vehicle on the left side of the road towards Kolli Hills from his residence, a tanker lorry bearing registration No.TN 28 AE 5369 driven by its driver in a rash and negligent manner, without following the traffic rules came in the opposite direction and suddenly hit against the aforesaid bike and caused accident. Consequently, the deceased sustained multiple fractures and grievous injuries in his head, both legs and some other injuries all over the body. The deceased was admitted in Vivekanantha Hospital, Tiruchengode for first aid and then he was admitted in Sudha Hospital, Erode for treatment and then, he was admitted in Ganga Hospital, Coimbatore for further treatment. However, the deceased died in the hospital due to severe fatal injuries suffered by the deceased. A criminal case has been registered by Tiruchengode Rural Police in Cr.No.281 of 2014 under Sec.279, 338 and 304 (A) of I.P.C. Mother, father (died), brother and sister being the dependents of the deceased, have filed the claim petition for Rs.1,00,00,000/-. However, restricted their claim to Rs.75,00,000/- only, from the second respondent Insurance Company.

3. Counter affidavit has been filed by the second respondent refuting the allegations made in the claim petition and stated that the claimants have to prove the averments made in the claim petition. It is further stated in the counter affidavit that the while the deceased Prasanth was riding as a pillion rider on a TVS Apache bike bearing registration No.TN 37 BS 9067 which was ridden by the petitioner No.3/second appellant herein in a rash and negligent manner without having driving licence and without following traffic rules, hit against a tanker lorry bearing registration No.TN 28 AE 5369 which was driven by its driver slowely and carefully and therefore, the act of the two wheeler rider is the cause for accident. Therefore, the second respondent Insurance Company is not liable to pay any compensation to the claimants/appellants.

4. To prove the claim, P.W.1 and P.W.2 were examined and documents Ex.P1 to P21 were marked. On the side of the second respondent, no witness was examined and no documents were marked. Based on the oral and documentary evidence, the Tribunal has come to a conclusion that negligent driving of the tanker lorry driver is the cause for accident. Based on the decisions of the Hon''ble Supreme Court, the tribunal has awarded a sum of Rs.22,68,000/- towards loss of income to the deceased family. A sum of Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, Rs.67,131/- towards medical expenses and Rs.5,000/- for transport expenses incurred by the claimants. Thus, the tribunal has awarded a sum of Rs.23,70,131/- as total compensation along with interest at the rate of 7.5% p.a from the date of petition till realization. The total compensation awarded by the tribunal under various heads are as follows:

5 Aggrieved by the said award, the claimants have preferred the instant appeal for enhancement of compensation.

6. Hea