JUDGMENT :

R. Subramanian, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgment and decree dated 08.03.2023 made in MCOP.No.1625 of 2016 on the file of the learned Motor Accident Claims Tribunal, Tirupuur.)

1. The Municipality, which is the owner of the offending lorry is on appeal, aggrieved by the award of a sum of Rs.16,96,000/- for the death of one Murugesh @ Murugesan in a road accident that took place on 04.08.2016 at about 1.45 p.m.

2. The sole claimant, who is the paternal grandmother of the deceased sought for a compensation for the death of the said Murugesan contending that the parents of the deceased had pre-deceased him and she has been declared as the legal heir of the deceased in O.S.No.35 of 2017 on the file of the District Munsif Court, Kodumudi vide judgment and decree dated 28.11.2017. She had also contended that she was depending on the deceased, he being the only earning member in the family. The claim for compensation was quantified at Rs.45,00,000/- and the same was justified by claiming that the deceased was earning Rs.20,000/- through his avocation as a Company labour.

3. Narrating as to how the