The court can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.

JUDGMENT :

Not satisfied with the quantum of compensation awarded by the Special District Judge, Motor Accident Claim Tribunal in M.C.O.P.No.1045 of 2020, dated 01.06.2022, the appellants/claimants have come by way of this appeal.

2. It is not in dispute that the son of the appellants/claimants namely Satheeshkumar died in a road accident that had occurred on 08.08.2020. It was the case of the claimants that the deceased was driving a two wheeler in Namakkal-Coimbatore Main Road proceeding from north - south on the left hand side of the road. The TATA Van belonging to the 1^st respondent insured with the 2^nd respondent-Insurance Company came in the opposite direction in a rash and negligent manner and dashed against the two wheeler of the deceased. As a result of which, the deceased sustained grievous injuries and died in hospital. Therefore, a claim petition was filed by the claimants seeking compensation of Rs.70,00,000/-.

3. The 1^st respondent remained exparte before the Tribunal and the claim petition was resisted by the 2^nd respondent-Insurance Company by denying the negligence on the part of the driver of the 1^st respondent's vehicle. It was the case of the Insurance Company that accident had occurred only due to the negligence on the part of the deceased.

4. Before the Tribunal, 1^st claimant was examined as PW.1 and yet another witness was examined as PW.2. On behalf of the appellants/claimants, 19 documents were marked as Exs.P1 to P19. On behalf of the respondents, no one was examined and no document was marked. The copy of Aadhaar Card of PW.2 was marked as Ex.X1.

5. The Tribunal based on the evidence available on record, came to the conclusion that the negligence was on the part of the driver of the 1^st respondent's vehicle and the Tribunal quantified the amount of compensation at Rs.12,17,000/-. Not satisfied with the quantum of compensation fixed by the Tribunal, the claimants have come before this Court.

6. Both the learned counsel appearing for the appellants/claimants as well as learned counsel appearing for the 2^nd respondent-Insurance Company have not advanced any arguments on the question of negligence and liability. Therefore, facts necessary to decide those questions are not discussed in this judgment.

7. The learned counsel appearing for the appellants/claimants would submit that the claimants produced Ex.P9-Salary Certificate mentioning the salary of the deceased at Rs.14,386/- per month and the same was rejected by the Tribunal without any justifiable reason and the Tribunal fixed notional income only at Rs.12,000/- per month that too without considering future prospects. Therefore, according to the learned counsel, the compensation awarded by the Tribunal requires enhancement.

8. The learned counsel appearing for the 2^nd respondent/Insurance Company would submit that though claimants produced salary certificate of the deceased, which was marked as Ex.P9, the employer or author of the certificate was not examined by the claimants and accordingly, the Tribunal was justified in rejecting the same. The learned counsel further submits that the claimants have not produced any acceptable documents to prove the income of the deceased and hence, the Tribunal was justified in fixing the notional income at Rs.12,000/- per month.

9. In the claim petition, it was pleaded by the claimants that the deceased was B.E. Mechanical Engineering graduate, employed in L&T Company, Coimbatore, drawing a salary of Rs.15,857/- per month. The Salary Certificate issued by the employer of the deceased namely Royal Associates was marked as Ex.P9. A perusal of the same would indicate that the place of work was mentioned as 'L&T VALVES COIMBATORE. The Tribunal rejected the Ex.P9 on the ground that the author of the document was not examined. Ex.P9 is a computer generated salary certificate issued with seal of the Contractor under whom the deceased was employed and it also contains PF code. The gross salary of the deceased including DA is menti