The court can determine notional income based on prevailing economic conditions, leading to an enhanced compensation amount reflecting the loss suffered by dependants.

JUDGMENT :

(S. SOUNTHAR, J.)

Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, the claimants have come before this court by way of this appeal.

2. It is not in dispute that the husband of the first claimant, father of the minor claimants 2 and 3 and son of the claimants 4 and 5 namely Gunasekaran died in a road accident that had taken place on 01.03.2023. It was the case of the claimants that the said Gunasekaran was slowly riding his two-wheeler on extreme left side of the Sankari- Edappady Main Road. When he was nearing kallukadai bus stop, the bus belonged to the first respondent insured that the second respondent came in a rash and negligent manner and dashed against the two- wheeler from behind. As a result of the accident, the said Gunasekaran sustained grievous injuries and died. Therefore, the claimants, who are all dependants of the deceased, laid a claim petition seeking compensation of Rs.50,00,000/-.

3. The first respondent reminded exparte before the Tribunal and the claim petition was opposed by the second respondent/insurance company mainly on the ground that the negligence was on the part of the deceased.

4. The Tribunal, based on the evidence available on record, came to the conclusion that the accident had occurred only due to the rash and negligent driving of the driver of the first respondent. The compensation payable to the claimants was quantified at Rs 23,15,000/- Not satisfied with the quantum, the claimants have come before this court.

5. Both the learned counsel for the appellantss as well as the learned counsel for the 2^ndrespondent/ insurance company have not advanced any arguments on the questions of negligence as well as liability. Hence, the facts necessary to decide those questions are not discussed in this appeal.

6. The learned counsel for the appellants submitted that the deceased was a Carpenter by profession and he was earning a sum of Rs. 30,000/- per month at the time of accident. The Tribunal fixed only Rs.10,000/- including future prospects as notional income and the same is very much on the lower side. Hence, he sought for enhancement of notional income.

7. The learned counsel for the second respondent /Insurance Company submitted that the claimants miserably failed to lead any evidence to prove the avocation and income of the deceased. Hence, the Tribunal was justified in fixing Rs.10,000/- as notional income including future prospects.

8. In the claim petition, it was averred by the claimants that the deceased was employed as a Carpenter and earning a sum of Rs.30,000/- per month. However, the claimants have not produced any material to prove the income of the deceased. Even though there is no evidence to prove the income of the deceased, this Court can fix the notional income by taking into consideration the facts and circumstances of the case. In the case on hand, the accident had occurred on 01.03.2023. Taking into consideration the date of accident and the prevailing cost of living, this Court is inclined to fix Rs.18,000/- as notional income for the deceased.

9. As per Exhibit P9, Aadhar card, the Tribunal fixed the age of the deceased at 37 years. Therefore, the claimants are entitled to 40% enhancement towards future prospects. The applicable multiplier is 15. Since there are five dependants, one-fourth of the amount has to be deducted towards personal expenses. Therefore, the claimants are entitled to Rs.34,02,000/- towards loss of dependency which is calculated as follows:-

Rs.18,000 x 1.4 x 12 x 15 x 3 / 4=Rs.34,02,000/-

10. The Tribunal awarded Rs.40,000/- towards loss of consortium to first claimant. Since the accident had occurred more than three years after pronouncement of the judgment in Pranay Sethi case (31.10.2017), the claimants are entitled to 10% enhancement. Therefore, the first claimant is entitled to Rs.44,000/- towards the loss of consortium. The minor claimants 2 and 3 are entitled to Rs.44,000/- each towards the loss of love