The court modified compensation awards by adjusting notional income and applying a future prospects increase, emphasizing fair compensation for loss of life and dependency.

JUDGMENT :

1. These appeals have been filed by the claimants seeking enhancement of compensation in the judgment and decree in MCOP Nos. 18, 24, 19 and 25 of 2013 dated 23.12.2016 on the file of the Motor Accident Claims Tribunal, Sub Court, Panruti.

2. It is the case of the claimants that on 05.10.2012 at about 20.30 hours, one Babu, appellant in CMA. No.1055 of 2020 was driving the auto along with his wife, mother and son, at that time, the first respondent lorry bearing Reg. NoTN 32 M 5391 came from opposite direction in a rash and negligent manner and dashed against the Babu's Auto, due to which, the said Babu and Devi/wife sustained injuries and his mother chinnaponnu and son Gokul died on the spot. Thereby, the claimants filed separate claim petitions before the Motor Accidents Claims Tribunal claiming respective compensation.

3. Before the Tribunal, during trial, in order to prove the case, on the side of the claimants, four witnesses were examined viz., PW1 to PW4 and 11 documents viz., Exs.P1 to P11 were marked. On the side of the respondents, no witness was examined and no document was marked. The Tribunal, considering the oral and documentary evidence, allowed the petitions in part and awarded respective compensation to the claimants. Aggrieved by the said common award, the claimants have filed these appeals seeking enhancement of compensation.

4. The learned counsel for the appellant in CMA. No.1055 of 2020 submitted that the appellant sustained grievous injuries and he could not do any work after the accident, however, the Tribunal erred in awarding a sum of Rs.15,000/- which is inadequate. This Court may interfere with the award passed by the Tribunal.

5. The learned counsel for the appellants in CMA. No.1060 of 2020 submitted that the age of the deceased as per Ex.A-3/post morter certificate is 50 years and the Tribunal erred in fixing the age of the deceased as 58 and the deceased Chinnaponnu was earning a sum of Rs.6,000/- per month, however, the Tribunal erred in fixing Rs.3,000/- as monthly income, which is very low. Further, the Tribunal has erred in fixing 8 as multiplier and ought to have fixed atleast 12. This Court may interfere with the award passed by the Tribunal.

6. The learned counsel for the appellant in CMA. No.1062 of 2020 submitted that the appellant sustained grievous injuries and she could not do any work after the accident, however, the Tribunal erred in awarding a sum of Rs.10,000/- which is inadequate. This Court may interfere with the award passed by the Tribunal.

7. The learned counsel for the appellants in CMA. No.1063 of 2020 submitted that the deceased was studying in school and failed to note the future prospects of the deceased child. The Tribunal erred in granting only Rs.3,15,000/-. This Court may interfere with the award passed by the Tribunal.

8. The learned counsel for the second respondent submitted that the accident had happened due to the accident of the driver of the lorry. The compensation awarded to the injured are highly excessive, which needs interference. The award passed in respect of the deceased are just and proper, which is also not interfered with.

9. This Court gave its careful consideration to the submissions advanced by the learned counsel appearing for the appellant.

10. This Court has carefully considered the submissions made on either side and the materials available on record.

11. This Court also carefully went through the award passed by the Tribunal.

12. The factum of the accident is not disputed by the parties. The claimants has filed the batch of appeals seeking enhancement of compensation.

13. Admittedly, the appellant in CMA.No.1055 of 2020 was driving an auto along with his family members. While he was driving, the first respondent's lorry driven by its driver and insured with the second respondent, dashed against the auto, due to which, two persons died, and three persons sustained injuries. The Tribunal has awarded compensation to the claimants. For enhancement