The court established that the deceased's qualifications justified an enhanced compensation amount, affirming the Tribunal's negligence finding against the respondent.

JUDGMENT :

(R. SAKTHIVEL, J.)

Feeling aggrieved by the Award dated July 18, 2023 passed in M.C.O.P. No.7574 of 2018 on the file of the 'Motor Accidents Claims Tribunal [IV Court of Small Causes], Chennai' ['Tribunal' for short], the appellants / petitioners have preferred this Civil Miscellaneous Appeal.

2. For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Claim Original Petition.

The Petitioners' Case

3. The 1^st claimant is the mother of the deceased - Subash.The second claimant is his father and the claimant 3 & 4 are his brothers. The case of the claimants is that on November 04, 2018 at about 9.00 p.m., while the deceased was riding as a pillion rider in a motorcycle bearing Registration No.TN-19-F-3907 in GST Road, near SP Koil Bus Stop, a Bus bearing registration No.TN-21-N-1530, driven in a rash and negligent manner, in the same direction as the deceased, dashed behind the motorcycle, in which, the deceased – Subash was riding as a pillion rider. In the impact, the deceased – Subash was thrown off the motorcycle and sustained multiple grievous injuries all over his body. Immediately he was taken to Chengalpattu Government hospital where despite receiving treatment he succumbed to the injuries on November 05, 2018. The death of the deceased is attributable to the rash and negligent driving of the driver of the respondent's bus. Therefore, the claimants filed the claim petition before the Tribunal seeking compensation of Rs.1,00,00,000/- (Rupees One Crore Only) from the respondent.

The Respondent's Case

4. The respondent – Transport Corporation filed counter denying the manner of accident alleged by the petitioners. According to the respondent, the respondent’s driver was not responsible for the accident. The deceased was proceeding in a two wheeler as a pillion rider. The rider of the two wheeler came from a branch road and suddenly turned onto the National Highway, where upon the sight of a police vehicle, the rider of the two wheeler suddenly attempted to slid across the lanes and invited the accident. The rider of two wheeler is solely responsible for the accident. The claimants are put to strict proof of their petition averments. Accordingly, the respondent prayed to dismiss the claim petition.

Tribunal

5. At trial, the 2^nd petitioner was examined as P.W.1, the third petitioner was examined as P.W.2, the rider of the motorcycle in which the deceased – Subash was riding as a pillion rider was examined as P.W.3 and Ex-P.1 to Ex-P.11 were marked on the side of the claimants. On the side of the respondent - Elanchezhiyan, driver of the bus was examined as R.W.1 and no document was marked.

6. The Tribunal after considering the evidence available on record, held that the respondent’s driver is responsible for the accident. Accordingly, the Tribunal held that the respondent / Transport Corporation is liable to pay the compensation to the dependents of the deceased – Subash. With regard to quantum of compensation, though the claimants stated that the deceased - Subash was working in Ganapathi Builders, Singaperumal Kovil, his salary certificate was not produced. Hence the Tribunal had taken notionally took Rs.11,000/- as his monthly salary and deducted 50% amount towards personal expenses and computed compensation as stated below:-

7. Feeling aggrieved by the compensation awarded, which is meagre according to the petitioners / appellants, they have filed the Civil Miscellaneous appeal praying for enhancement of compensation amount.

Arguments:

8. The learned counsel for the appellants/petitioners, would submit that the deceased – Subash was a Civil Engineering Graduate. He had completed certificate course in Advanced Diploma in Fire and Industrial Safety Management. Further, he was academically very str