The court established that notional income for compensation should reflect potential earnings based on recruitment documents, enhancing the total compensation awarded to the claimants.

JUDGMENT :

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

2. It is not in dispute that the son of the claimants namely Sai Krishna was riding a motorcycle bearing Registration No.TN-05-AE-9367 on 26.11.2017 near E.V.R. Salai – Gandhi Irwin Flyover Road Junction from South to North. The Travels bus bearing Registration No. PY-01-CP-0799 belonging to the 1^st respondent insured with the 2^nd respondent was driven by his driver in a rash and negligent manner and dashed against the motorcycle of the victim. As a result of which, the victim fell down from the vehicle and sustained multiple injuries and died on the spot. The claimants who are the parents of the deceased filed a claim petition seeking compensation of Rs.1,00,00,000/-.

3. Before the Tribunal, the 2^nd appellant/2^nd claimant was examined as PW.1 and two other witnesses were examined as PW.2 and PW.3. On the side of the appellants, 16 documents were marked as Exs.P1 to P16. No one was examined on the side of the 2^nd respondent and no documents were marked.

4. Based on the evidence available on record, the Tribunal fixed the quantum of compensation of Rs.23,78,000/- and partly allowed the claim petition. Not satisfied with the quantum of compensation fixed by the Tribunal, the claimants have come by way of this appeal.

5. The 1^st respondent remained exparte before the Tribunal and hence, notice to the 1^st respondent is dispensed with.

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

7. Heard the learned counsel appearing for the appellants and learned counsel appearing for the 2^nd respondent.

8. The learned counsel appearing for the appellants/claimants would submit that at the relevant point of time, the victim was pursuing his final year M.E., course and he was selected in campus recruitment by Software Company known as Infosys and as per the Ex.P15 the terms of contract entered with the said company, the salary of the deceased was fixed at Rs.29,166/- after training period. The Tribunal without appreciating the document in proper perspective, fixed the notional income of the deceased at Rs.15,000/- per month on the ground that at the time of accident, he was not employed. The learned counsel further submits that taking into consideration the campus recruitment documents produced by the claimants, the Tribunal should have fixed the monthly income of the deceased at Rs.22,500/-.

9. The learned counsel appearing for the 2^nd respondent/Insurance Company would submit that at the relevant point of time, the victim was only a student and there is no guarantee that he will complete the course and join the recruitment. The learned counsel further submitted that as per the Ex.P15, the terms of contract with the recruiter, the victim should undergo training and after completion of the training period only, he would be regularly appointed. Therefore, according to the learned counsel, the Tribunal was justified in fixing notional income of Rs.15,000/- per month.

10. In the case on hand, there is no dispute with regard to the date of accident and at the relevant point of time, the victim was pursuing final year of M.E., Course. The accident had taken place in the year 2017. The official from Infosys was examined as PW.2 and his authorisation letter was marked as Ex.P14. The terms of contract between the deceased and company was marked as Ex.P15.

11. A perusal of the same would indicate that the deceased was recruited in the campus interview and he was offered a job with a salary of Rs.29,166/- per month. As per the said document, the deceased had to join the institution for training on 08.10.2018. At the time of training, his gross salary was fixed at Rs.22,500/-