Compensation for motor accident claims must adequately reflect the deceased's actual or realistic earning capacity.

JUDGMENT

The wife of deceased M.C.Mathew approached the Motor Accidents Claims Tribunal, Pala claiming compensation on account of the death of her husband in a road traffic accident on 28.3.2018.

2. The brief facts necessary for the disposal of the appeal are as follows:

On 28.3.2018 at about 5 p.m. while the deceased M.C.Mathew was walking through Changanassery-Vazhoor road, and when he reached near Madukkamoodu junction, a motorcycle bearing registration No.KL-33/F-1031 ridden by the 1^st respondent in the claim petition in a rash and negligent manner, hit against the deceased. As a result of the accident, late M.C.Mathew sustained severe injuries and he succumbed to it.

3. The claimant contended that the deceased M.C.Mathew was a businessman and was earning an amount of Rs.30,000/- per month. In support of her claim, Exts.A1 to A7 documents were produced. The insurance company did not adduce any oral or documentary evidence.

4. The tribunal, on appreciation of evidence, found that the claim of the appellant that the deceased Mathew was earning a monthly income of Rs.30,000/- was not proved and, accordingly, proceeded to fix his income notionally at Rs.11,500/- per month and granted the following compensation: