The notional income of a deceased individual should be determined based on their business and economic circumstances, and each dependent is entitled to a specific amount towards loss of love and affection.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the judgment and decree dated 14.07.2021 made in M.C.O.P.No.359 of 2019 on the file of the III Additional District Judge, Tirunelveli and consequently enhance the compensation for a sum of Rs.19,23,400/- from Rs.7,23,400/- and allow the Civil Miscellaneous Appeal.)

1. This Civil Miscellaneous Appeal is filed challenging the Award dated 14.07.2021 passed in M.C.O.P.No.359 of 2019 by the Motor Accident Claims Tribunal/III Additional District Judge, Tirunelveli.

2. The petitioners/claimants in M.C.O.P.No.359 of 2019 are the appellants herein.

3. The petitioners/claimants are the dependents of the deceased Parvathy, who died in a motor traffic accident.

4. For the sake of convenience, the parties arrayed in M.C.O.P.No. 359 of 2019 is adopted hereunder.

5. The brief facts of the case: The deceased Parvathy along with her friends was going to pilgrimage to Murugan Temple by walking along the Kalingapatti to Tiruchendur road on 03.01.2019. On the same day, at about 10.40 a.m when she was walking left side of the Tiruchendur-Tuticorin road from south to north, a TATA Indica car bearing registration No.TN-69- BA-0446, belonging to the first respondent, driven by its driver in a rash and negligent manner from opposite side and dashed against her and she died on the spot due to fatal multiple injuries. The deceased was doing transport business engaging four cars and thereby was earning Rs. 30,000/- p.m. The petitioners are depending on the income of the deceased Parvathy. The vehicle of the first respondent was insured with the second respondent. Hence, the petitioners 1 to 4 filed the claim petition seeking compensation of Rs.50,00,000/-.

6. The second respondent/Insurance Company objected the claim petition by contending that the first respondent’s vehicle was not driven by its driver in a rash and negligent manner. The driver of the first respondent’s vehicle was not having any driving licence and the first respondent violated the policy conditions. The petitioners are not entitled to claim from the second respondent.

7. The Tribunal has tried the M.C.O.P.No.359 of 2019 and both side adduced oral and documentary evidence. After hearing both and after considering the evidences, the Tribunal has passed the impugned order and awarded a total compensation of Rs.7,23,400/- with interest. Aggrieved by the said award, the appellants/petitioners have preferred this Civil Miscellaneous Appeal.

8. Heard both side and perusal the records in this Civil Miscellaneous Appeal.

9. During the course of arguments, there is no dispute by both sides that the accident was taken place due to the rash and negligent driving of the first respondent’s driver and the deceased age was 55 at the time of accident, though the petitioners mentioned as 51 years in the petition. The only dispute is regarding income of the deceased and loss of love and affection not awarded to the petitioners 2 to 4.

10. The learned counsel appearing for the revision petitioners has submitted that the Tribunal has not appreciated the evidence adduced by the petitioners side with regard to income of the deceased. The deceased was running travel business by engaging 4 cars owned by her. The Tribunal has fixed Rs.6,000/- p.m as notional income without taking into consideration of Ex.P.6 registration certificates of four cars stood in the name of the deceased. The Tribunal failed to note that the names of the cars were transferred after the death of the deceased. The Hon’ble Supreme Court has fixed Rs.6,000/- as notional income in the year 2007-2008 and this might be taken double in this case as the accident took place in the year 2019. Therefore, the notional income might be taken as Rs.12,000/-. Further, the Tribunal has awarded loss of consortium of Rs.40,000/- as a whole to the petitioners