IMPORTANT POINT
The main legal point established in the judgment is the court's authority to modify and enhance the compensation awarded by the Motor Accident Claims Tribunal based on the reasonableness of the amounts determined for various heads of compensation.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order dated 31.01.2023 in MCOP.No.4393 of 2017 passed by the Motor Accident Claims Tribunal, IV Judge, Court of Small Causes, Chennai and award compensation in a just and equitable manner.)

1. This civil miscellaneous appeal has been filed challenging the judgment and decree dated 31.01.2023 in MCOP.No.4393 of 2017.

2. The learned counsel for the claimant would submit that on 09.12.2013 while the deceased was riding his motor cycle bearing Registration No.TN-21-AZ-4628 at GST Road, near Maduranthagam along with his wife and son, the car bearing Registration No.TN-07-BQ-9048 came in a rash and negligent manner and dashed against the deceased, due to which he was died on the spot. Considering all the aspects, the Tribunal had awarded the compensation in the following manner :

3. He would further submit that the deceased was working as a Lorry driver and was earning a sum of Rs.13,000/-, for which the proof has also been produced before the Tribunal. However, without considering the same, the Tribunal had fixed the notional income as a sum of Rs.9,000/-, hence, he requests this Court to enhance the same.

4. The learned counsel for the respondent would submit that the notional income fixed by the Tribunal is just and reasonable and hence, he requests this Court to confirm the same. Further, he would request this Court to fix a sum of Rs.10,000/- as notional income if this Court is inclined to enhance the notional income of the deceased. He would also contend that the Tribunal had awarded a sum of Rs.2,20,000/- towards Loss of Consortium for 5 claimants and the same is on higher side. Hence, he requests this Court to re-determine the same.

5. Heard the learned counsel for the appellant and the respondents and also perused the documents available on records.

6. In the present case, for the accident occurred in the year 2013, the Tribunal had fixed a sum of Rs.9,000/- as notional income of the deceased, who was a Lorry driver, which is on lower side. Hence, taking into consideration of the year of accident and age and avocation of the deceased, this Court is inclined to fix a sum of Rs.12,000/- as notional income of the deceased. Therefore, by taking 40% towards future prospects and deducting 1/4th towards personal expenses of the deceased, the loss of income would be calculated as follows :

Rs.12,000/- (notional income) + Rs.4,800/- (40% future prospects) * 12 (months) * 15 (multiplier) * 1/4 (deduction towards personal expenses) = Rs.22,68,000/-

7. Further, it appears that the Tribunal had awarded a sum of Rs.2,20,000/- towards loss of consortium for 5 claimants, which is on higher side. Hence, the same stands reduced to a sum of Rs.2,00,000/- (Rs.40,000/- each) for the 5 claimants. With regard to the all the other heads, since the compensation awarded by the Tribunal appears to be just and fair, the same stands confirmed.

8. Accordingly, the compensation awarded by the Tribunal is modified as follows :

9. Therefore, the amount awarded by the Tribunal is modified as a sum of Rs.25,26,500/-. Accordingly, the award amount stands i