The court re-determined the notional income and adjusted the compensation for loss of income, love and affection, and loss of estate based on legal precedents and the nature of the case.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 03.03.2021 made in M.C.O.P.No.1376 of 2018 on the file of the Motor Accidents claims Tribunal, I Additional District and Sessions Judge, Cuddalore.)

1. This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 03.03.2021 made in M.C.O.P.No.1376 of 2018 on the file of the Motor Accidents claims Tribunal, I Additional District and Sessions Judge, Cuddalore.

2. The appellant/claimant filed M.C.O.P.No.1376 of 2018 on the file of the Motor Accidents claims Tribunal, I Additional District and Sessions Judge, Cuddalore, claiming a sum of Rs.40,00,000/- as compensation for the death of one Raja, who died in the accident that took place on 25.09.2017.

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 the respondent''s bus driver and directed the respondent/Transport Corporation to pay a sum of Rs.12,70,000/- along with interest at the rate of 7.5% as compensation to the appellants/claimants under following heads:

4. Aggrieved over the award passed by the Tribunal, the appellants/claimants filed the present appeal challenging the quantum of compensation.

5. Learned counsel appearing for the appellants/claimants would submit that the appellants/claimants are the wife and two children of the deceased. The accident took place on 25.09.2017 and at the time of accident the deceased was aged about 47 years. The deceased was working as mason and he was earning Rs.15,000/- per month. The Tribunal fixed the notional income of the deceased at Rs.9,000/-, in the absence of any income proof for the accident occurred in the year 2017, which is very meager. The Hon''ble Supreme Court in the case of Syed Sadiq vs. Divisional Manager, United India Insurance reported in 2014 1 TNMAC 459 (SC), awarded a sum of Rs.6,500/- for the vegetable vendor for the accident took place in the year 2008. Therefore, considering the cost inflation index, the income of the deceased would comes about Rs.13705/- and hence, she prayed to fix the notional income of the deceased at Rs.14,000/-.

6. She would further submit that the Tribunal has awarded a sum of Rs.30,000/- towards loss of love and affection for the wife and two children. However, the Tribunal ought to have awarded a sum of Rs.80,000/- towards loss of love and affection to the children. Under the head of loss of consortium, the Tribunal has awarded a sum of Rs.40,000/-, which shall be confirmed and the Tribunal has not awarded any amount towards loss of estate and hence prayed to award considerable amount towards loss of estate.

7. On the other hand, learned counsel appearing for the respondent/Transport Corporation would submit that since no income proof was provided by the appellants/claimants to prove the income of the deceased as Rs.15,000/-, the Tribunal has fixed a sum of Rs.9,000/- as notional income, which is just and fair, in the absence of any income proof. With regard to the compensation awarded under other heads are concerned, he would fairly submit that the law laid down by the Hon''ble Apex Court may be followed.

8. Heard the learned counsel appearing for the appellants/claimants as well as the respondent/Transport Corporation and perused the materials available on record.

9. Taking into consideration the submission made by the learned counsel appearing for either parties and considering the nature of avocation of the deceased and the cost inflation index, this Court