The court revised the compensation for loss of dependency and recognized loss of love and affection, establishing that contributory negligence should not diminish rightful compensation.

JUDGMENT :

G. JAYACHANDRAN, R. POORNIMA, JJ.

The Civil Miscellaneous Appeal is directed against the judgment and decree made in M.C.O.P.No.1211 of 2026, dated 12.09.2018, on the file of the Motor Accidents Claims Tribunal/Special Sub-Court, Thanjavur.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The above appeal is filed by the claimants questioning the compensation awarded without taking into account the loss of love and affection of the claimants, who lost their only son and also on fixation of notional income of Rs. 10,000/- for a medical college student, aged 23 years, who had a bright prospect. Further, reduction of 50% towards contributory negligence was also questioned.

4. The learned counsel for the second respondent/Insurance Company would submit that evidence of the witness clearly show that the motor accident victim had driven his two wheeler rash and negligently, overtook the passer bike and dashed against the car without proper diligence. Though there are two conflicting testimony on either side regarding negligence, this Court finds that the reasoning of the Tribunal holding that there was contributory negligence on either side equally and fix 50% contributory negligence on the part of the victim. As far as notional income is concerned, taken into account the fact that the victim was pursuing MBBS and therefore the notional income has to be fixed at Rs. 12,000/-p.m with proportionate future prospectus. By taking the notional income of the deceased at Rs.12,000/- and by adding future prospects at 40% for a deceased bachelor, the monthly income comes to Rs.16,800/-(Rs.12,000/-+Rs.4,800/-). By deducting personal expenses of the deceased at 50%, the monthly income comes to Rs.8400/- and the annual income comes to Rs.1,00,800/- and by adopting multiplier of ‘18’ for the age group of the deceased, the total loss of dependency is arrived at Rs.18,14,400/-(Rs.1,00,800 x18).The award of the Tribunal is modified to that effect with compensation for loss of love and affection at Rs.40,000/- each for the two claimants. The award under other heads stand confirmed.The modified award amount is as follows:

The second appellant/mother is entitled to a sum of Rs.9.40,050/- as compensation with interest at the rate of 7.5% p.a from the date of claim petition till the date of deposit. The claim petition in respect of first appellant is already dismissed by the trial Court and the same stand confirmed

5. In the result, the Civil Miscellaneous Appeal is partly allowed by enhancing the compensation from Rs.7,94,350/- to Rs.9,40,050/- with interest at the rate of 7.5% pa from the date of claim petition till the date of deposit. The second respondent Insurance Company is directed to deposit the award amount, less the award amount, if any already deposited, to the credit of claim petition before the Tribunal within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the second appellant/mother is permitted to withdraw the award amount with accrued interest and costs, less the award amount if any already withdrawn, by filing necessa