J U D G M E N T

The matter is heard through “Video Conferencing/Hybrid mode”.

2.This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated 06.08.2019 made in M.C.O.P.No.1073 of 2016 on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.

3.The appellant is the claimant in M.C.O.P.No.1073 of 2016 on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai. She filed the above said claim petition, claiming a sum of Rs.25,00,000/- as compensation for the death of her son viz., Vijay Babu, who died in the accident that took place on 28.07.2013.

4.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the car owned by 1st respondent and directed the 2nd respondent- Insurance Company to pay a sum of Rs.15,00,000/- as compensation to the appellant.

5.Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.

6.The learned counsel appearing for the appellant contended that at the time of accident the deceased was aged 19 years, a Ist year B.A. Economics Student at SIVET College, Chennai. But the Tribunal fixed a meagre sum of Rs.9,000/- per month as notional income of the deceased. The Tribunal ought to have fixed more amount as monthly income of the deceased and awarded compensation. The amounts awarded by the Tribunal under loss of love and affection, funeral expenses, loss of estate and transportation are meagre and prayed for enhancement of compensation.

7.Per contra, learned counsel appearing for the 2nd respondent-

Insurance Company contended that the deceased was a College Student aged 19 years at the time of accident. He was a non-earning member. The sum of Rs.9,000/- per month fixed by the Tribunal as notional income of the deceased is excessive. In addition to that, the Tribunal has awarded a sum of Rs.1,00,000/- towards loss of love and affection and hence, the appellant is not entitled to any enhancement and prayed for dismissal of the appeal. 8.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent-Insurance Company and perused the entire materials on record.

9.It is the case of the appellant that at the time of accident her son was aged 19 years, a Ist year B.A. Economics Student at SIVET College, Chennai. The deceased was a non-earning member. The Tribunal considering the Division Bench judgment of this Court reported in 2019 (1) TNMAC 18 (DB), fixed a sum of Rs.9,000/- per month as notional income of the deceased. The accident is of the year 2013 and the monthly income fixed by the Tribunal for non-earning member is not meagre. As per Ex.P6/postmortem certificate, the deceased was aged 19 years at the time of accident. The Tribunal following the judgments of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another] and 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], rightly applied multiplier '18' and granted 50% enhancement towards future prospects. The deceased was a bachelor at the time of accident and the Tribunal has deducted 50% towards personal expenses of the deceased. The appellant is mother of the deceased. As per the judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, (cited supra), 1/3rd has to be deducted towards personal expenses of the deceased, if the deceased was a bachelor and there is only one dependant. Thus, by deducting 1/3rd towards personal expenses of the deceased, the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.18,14,400/- {Rs.12,600/- [Rs.9,000/- + Rs.3,600/- (40% of Rs.9,000/-)] X 12 X 18 X 2/3}. The amount awarded by the Tribunal towards loss of estate is meagre and the s