JUDGMENT :

PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, To enhance the compensation in MCOP No.737/2017 dated 19.11.2018 on the file of the Motor Accidents Claims Tribunal/Special Sub Judge Cuddalore.

The claimants are the appellants before this Court. The appeal has been filed challenging the award of the Motor Accident Claims Tribunal (Special Sub-Judge, Cuddalore), whereby the learned Judge had awarded a total compensation of Rs.13,80,400/- for the death of one Serlavanathan in a road traffic accident to his wife and two children, one of whom is a minor.

2. The claimants would contend that the Tribunal has erroneously deducted 2/3rd towards personal expenses overlooking the fact that the claimants are his wife and children. That apart, no amount had been given under the head of loss of love and affection for the two children.

3. The learned counsel appearing for the Insurance Company on the other hand would submit that the Tribunal ought not to have taken the income to be a sum of Rs.18,000/- when no document has been produced to prove the income. However, it is an admitted fact that he was working with the Cooperative Spinning Mill and the accident had taken place in the year 2016. The loss of income therefore ought to have been a sum of Rs.17,200/-.Further, considering his age, the future prospect should have been assessed at 30% and not at 40%. He would concede that no amounts have been awarded to the two children under the head of love and affection.

4. Taking into account the above arguments, this Court records the loss of income as follows:

Rs.17200+25% towards future prospects = Rs.21,500 X 12 X 13 = Rs.33,54,000/- out of this 1/3rd had to be deducted towards personal expenses which amount to a sum of Rs.11,18,000/-. Therefore, the loss of income to the family would be a sum of Rs.22,36,000/-. In addition to this a sum of Rs.80,000/- is awarded under the head of loss of love and affection to petitioners 2 and 3. The award is therefore enhanced to a sum of Rs.23,86,000/-. The enhanced compensation in a Tabular form is represented below:

5. In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.13,80,400/- is hereby enhanced to a sum of Rs.23,86,000/- together with interest @7.5% per annum from the date of petition till the date of deposit. The 2nd respondent/Insurance Company is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of M.C.O.P.No.737 of 2017 on the file of the learned Special Sub Judge, Motor Accidents Claims Tribunal, Cuddalore, within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the 1st and 2nd appellants/claimants are entitled to withdraw their share in the Award, as apportioned by the Tribunal by making necessary applications. The share apportioned to the 3rd appellant/claimant minor S.Yogapriya shall be in the Bank fixed deposit till she attains majority. On attainment of majority, she shall file necessary applications for withdrawal. The interest accruing on the share of the minor shall be paid to the 1st respondent/mother of the minor once in three months till she attains majority. The claimants shall pay the Court Fee for the enhanced amount within a period of two weeks from the date of receipt of a copy of this Judgment. No costs.