The court emphasized accurate determination of loss of dependency based on actual income and future prospects while holding all liable parties jointly responsible for compensation.

JUDGMENT :

R.Hemalatha, J.

The appellants are the claimants in M.C.O.P.542/2018 on the file of the Motor Accident Claims Tribunal, Erode. They filed the claim petition under Section 166 of the MOTOR VEHICLES ACT seeking compensation of Rs.50,00,000/- for the death of one P.Santhakumari (wife of the first claimant and mother of the second claimant) in a road accident that occurred on 06.02.2018.

2. The brief case of the appellants / claimants is as follows :

On 06.02.2018, P.Santhakumari (deceased) was travelling as a pillion rider in a two-wheeler bearing Registration number TN 33 Q 7311 on Karur - Erode main road. When she was nearing Murugan Savadi junction, a speeding van bearing Registration number TN 78 A 3967, hit the two wheeler, as a result of which, P.Santhakumari fell down and sustained injuries all over her body. She was immediately rushed to Government Hospital, Erode. However, she succumbed to injuries on 09.02.2018.

3. According to the claimants, the rash and negligent driving of the driver of the van bearing Registration number TN 78 A 3967 was the cause of the accident and that since the said vehicle was insured with the third respondent, the New India Assurance Company Limited, the owner and the insurer are jointly and severally liable to pay compensation to them.

4. In the Tribunal, the driver and the owner of the vehicle remained absent and were set exparte. The third respondent resisted the claim petition on all the grounds available to the insurer under Section 170 of the MOTOR VEHICLES ACT .

5. The Tribunal after analysing the evidence on record, fastened negligence on the driver of the van bearing Registration number TN 78 A 3967 and directed the third respondent, the New India Assurance Company Limited to pay compensation of Rs.16,49,511/- together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. The Tribunal also held that the liability of the owner of the vehicle and the insurer is joint and several.

6. Aggrieved over the quantum of compensation awarded by the Tribunal, the appellants / claimants have filed the present appeal under Section 173 of the MOTOR VEHICLES ACT .

7. Heard Mr.R.Nalliyappan, learned counsel appearing for the appellants and Mr.S.Dhakshinamoorthy, learned counsel for the third respondent.

8. Mr.R.Nalliyappan, learned counsel appearing for the appellants/claimants contended that the deceased P.Santhakumari, aged 50 years was employed as a Anganwadi worker in Tamil Nadu Integrated Children Development Project, Erode, earning a sum of Rs.13,390/- per month. However, the Tribunal had fixed a meagre sum of Rs.10,000/- including future prospects, as her monthly notional income. He, therefore prayed for enhancing the notional income of the deceased.

9. Per contra Mr.S.Dhakshinamoorthy, learned counsel appearing for the third respondent, contended that the Award passed by the Tribunal is based on the well laid principles of law which were in vogue at the time of passing of the order and therefore, the same need not be disturbed at this stage.

10. This Court in order to ascertain the income of the deceased, directed the Registry to issue summons to the Child Development Planning Office, Modakurichi Taluk, Erode to produce the Salary Certificate of P.Santhakumari who was working in Anganvadi. Accordingly, Ms.G.Bhuvaneshwari, Child Development Project Officer, Modakkurichi Block, Erode is present before this Court today and she produced the pay certificate of P.Santhakumari for the period from January 2017 - February 2018.

11. A perusal of the pay certificate shows that P.Santhkumari (deceased) was receiving