JUDGMENT

This civil miscellaneous appeal has been filed by the appellants/claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, I Additional District and Sessions Judge, Cuddalore, in M.C.O.P. No.

369 of 2016 dated 07.07.2020.

2. As per the averments in the claim petition filed before the Tribunal,on

21.07.2015 at about 14.30 hrs when the deceased was proceeding in the Yamaha motor cycle bearing registration number PY 01 BU 5627 from south to north, at a moderate speed, keeping extreme left of Airport Main Road, near Women's Polytechnic College, Lawspet, Pondicherry, a Honda Hunk Motor Cycle bearing registration number PY 01 AN 8993 came in a rash and negligent manner in a opposite direction in a rash and negligent manner and hit the deceased which led to the death of the deceased. The claimants are the wife, daughter and minor son of the deceased. The claimants claimed a sum of Rs.30,00,000/- towards the compensation for the death of the deceased/Ravi.

3. Before the Tribunal, the 1st respondent insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company resisted the claim petition by stating that the deceased failed to observe traffic on the road and tried to cross the junction and in that process the deceased dashed against the said Honda Hunk Motor Cycle and the deceased was solely responsible for the said accident. Even though the insurance company is the insurer of the offending vehicle, contributory negligence is there on the part of the deceaseed. The Insurance Company also disputed the age and occupation of the deceased and also the amount of compensation claimed under various heads.

4. In order to prove the claim, on the side of claimants, the first claimant was examined as P.W.1, one Mr.Vijayan, an eye witness was examined as P.W.2, one doctor Mr.Balamurugan was examined as P.W.3 and 10 documents were marked viz., Ex.P.1 to P.10. On the side of the second respondent no oral or documentary evidence was adduced.

5. The Tribunal after analysing the entire evidence available on record came to the conclusion that the accident was occured due to the rash and negligent driving of the driver of the Honda Hunk Motor Cycle belongs to the second respondent and insured with the first respondent and passed an award for a sum of Rs.9,86,200/- under the various heads.

6. Not being satisfied with the award passed by the Tribunal, the present appeal has been filed by the claimants for enhancement of compensation.

7. The learned counsel for the appellant would submit that the Tribunal has fixed only Rs.9,000/- per month for the deceased who was working as a supervisor and the same requires interference of this court. He further submitted that award amount towards love and affection is meagre and the same needs enhancement.

8. The learned counsel for the 1st respondent would submit that award amount passed by the Tribunal is perfectly in order and the same may be confirmed.

9. Heard the counsel for both sides and perused the materials placed on record. The Tribunal, on appreciation of the oral and documentary evidence, awarded compensation under various heads as under.

10. Admittedly the accident was of the year 2015 and the deceased as a supervisor would have definitely earned a sum of Rs.11,000/- per month. Hence, this Court is inclined to take the monthly income as Rs.11,000/-. If Rs.11,000/- is taken as the monthly income, the annual income would be arrived at Rs.1,32,000/-. As the claimant was aged about 52 years at the time of accident, 10% of the amount there of has to be added towards future prospects. In such case, the annual income of the deceased will sca