The main legal point established in the judgment is the re-evaluation and adjustment of compensation amounts based on the lack of evidence for complete loss of income and recent legal precedents.

JUDGMENT :

(R. Subbiah, J.)

(Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.10.2015 passed in M.C.O.P.No.2404 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.)

This matter is heard through Video-Conferencing.

2. For the sake of convenience, appellant herein is referred to as 'Insurance Company' and respondents 1 to 5 are referred to as 'Claimants'.

3. Questioning the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 26.10.2015 passed in M.C.O.P.No.2404 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Cuddalore, Insurance Company has filed the present appeal.

4. The brief facts of the case are as follows:

Respondents 1 to 5 are wife, minor daughters and parents of the deceased Dhananjayan. On 09.08.2011 at about 05.00 hours, while the deceased was driving his Tata Indica Car bearing Registration No.TN-38-X- 5918, on the Coimbatore – Sathy Road, a Lorry bearing Registration No.TN-B- 3736 driven by its driver in a rash and negligent manner and dashed against the Car, as a result of which the deceased and one Balakrishnan, who was travelling with the deceased, sustained grievous injuries. Immediately, they were taken to Coimbatore Medical College Hospital, Coimbatore. After giving first-aid treatment, the deceased Dhananjayan was taken to Sri Ramakrishna Hospital, Coimbatore, for further treatment. Despite treatment, the deceased Dhananjayan died on 14.08.2011. The deceased Dhananjayan was the Proprietor of M/s.Sivasakthi Software Technologies, Coimbatore and Director of M/s.Sivasakthi Software Services P.Ltd., Coimbatore and was earning a sum of Rs.1,50,000/- p.m. Hence, respondents/claimants filed a claim petition seeking compensation in a sum of Rs.2,50,00,000/-.

5. Resisting the claim made by respondents/claimants, appellant/Insurance Company had filed a detailed counter statement inter alia contending that the accident had not occurred in the manner as projected by respondents/claimants. They have also denied the age, occupation and income of the deceased. Thus, they prayed for dismissal of the claim petition.

6. The legal heirs of the deceased Balakrishnan had also filed a claim petition seeking compensation for the death of the deceased Balakrishnan. Hence, a joint trial was conducted in both the cases.

7. To prove their claim, on the side of claimants, 5 witnesses were examined and 31 documents were marked. On the side of appellant Insurance Company, none were examined and no exhibit was marked. Two documents viz., Ex.X1 – Income Tax Report issued by Income Tax Office, Coimbatore and Ex.X2 – Sales tax return in Form I to Form II for Tvl.Sivasakthi Software Technologies, Coimbatore, were marked by the Court.

8. On appreciation of materials and the evidence on record, the Tribunal arrived at a finding that the accident had occurred due to the rash and negligent driving of Lorry bearing Registration No.TN-B-3736. On coming to such a finding, the Tribunal directed the appellant/Insurance Company, as insurer of the offending vehicle, to pay compensation. The Tribunal awarded a sum of Rs.98,00,000/- as compensation. The break-up details are as follows:

The said sum was directed to be paid together with interest at 8% p.a. from the date of claim petition till the date of realisation.

9. The primary submission of learned counsel for appellant/Insurance Company is that absolutely no document was produced by respondents/claimants to establ