The main legal point established in the judgment is the determination of appropriate compensation in a motor vehicle accident case, considering factors such as the deceased's income, future prospects, and personal expenses.

JUDGMENT

(Prayer:Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act 1988 against the judgment and decree dated 28.03.2017, in M.A.C.T.O.P.No.462 2011, passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Tirupur District.)

1. This Civil Miscellaneous Appeal has been filed challenging the quantum of compensation awarded by the Tribunal.

2. Since the present Appeal has been filed, questioning the quantum of compensation, this Court is not traversing into the other aspects of the award.

3.On 27.08.2005, when Velusamy (since deceased) was riding a Motorcycle, bearing Regn. No.TN-41-Z-4715, on the left side of the road, from East of AVR Textiles, Pallapalayam, Sulur, at that point of time, a Tractor Trailer, bearing Regn.No.TN-37-A-0466, belonging to the first respondent turned right side of the road, in a rash and negligent manner, and dashed against the deceased''s Vehicle. Due to the said accident, the said Velusamy sustained grievious injuries on right side of the forehead and primary brain stem injury and despite treatment, he died on 03.02.2006.

4. At the time of the accident, the deceased was aged about 33 years. He was an agriculturist and also running a Hatchery Farm and earning a monthly income of Rs.25,000/-. Hence, the minor son of the deceased (represented by his maternal grand mother) being his legal heir, filed a claim petition against the the owner/Hindustan Corporation and insurer/United India Insurance, viz., first and second respondents to pay a sum of Rs.41,26,500/- as compensation for the death of his father, Velusamy.

5.The driver of the offending Vehicle, viz., Sagayaraj, as well its Owner, remained ex parte before the Tribunal.

6.The Insurance Company resisted the Claim Petition by filing a counter statement, inter alia contending that, it was the deceased, who contributed to the accident, inasmuch as, he was riding motorcycle, without noticing the oncoming vehicle. Therefore, the Insurance Company cannot be mulcted with any liability to pay compensation to the claimant. It was further contended that the compensation amount claimed by the claimant was excessive and baseless, and therefore, prayed for dismissal of the claim petition.

7.Before the Tribunal, the claimant examined four witnesses as P.W.1 to P.W.4, and marked 15 documents as Exhibits Ex.P1 to Ex.P.15. On the side of the Insurance Company, neither any witness were examined nor any documents were exhibited. The document produced by witness was marked as Ex.W.1.

8.The Tribunal, on the basis of both oral and documentary evidence, came to the conclusion that the accident had occurred only due to the rash and negligent driving of Tractor Trailor, bearing Regn.No.-TN-37-A-0466, driven by the first respondent''s driver, and therefore, held that the Insurance Company is liable to pay the compensation amount and awarded a total sum of Rs.24,34,000/- as compensation to the claimant together with interest at the rate of 7.5% p.a. from the date of claim petition (i.e. 01.04.2011) till the date of deposit, as compensation.

8. The break up details of the compensation amount awarded by the Tribunal are as follows:-

9.Mr.J.Chandran, learned counsel appearing for appellant/Insurance Company submitted that, initially, claim was made only for a sum of Rs.24,00,000/- by stating the monthly income of the deceased at Rs.25,000/- Subsequently, the claimant filed a Petition seeking amendment of the claim from Rs.24,00,000/-to Rs.70,00,000/-and in the sworn affidavit annexed to the