IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Civil Miscellaneous Appeal No.2000 of 2021

1. R. Philominleela

2. R. Arun Jegadeesh

3. R. Prabhakaran ... Appellants/Claimants Vs.

1. Surya Carriers Pvt., Ltd., No.16, College Road, Sona Centre, Nungambakkam, Chennai – 6.

[R1 remained ex-parte before Tribunal.

Hence notice to R1 dispensed with]

2. New India Assurance Company Limited, No.232, NSC Bose Road, L.I.C., Building, 6th Floor, Chennai – 600 001. … Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree, dated 13.02.2020 made in M.C.O.P.No.7288 of 2017 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge-II, Small Causes Court, Chennai For Appellants : M/s. M. Malar For R1 : Ex-parte before Tribunal For R2 : Mr. M. Krishnamoorthy JUDGMENT The Civil Miscellaneous Appeal has been filed by the claimant seeking enhancement of compensation against the Award passed in M.C.O.P. No.7288 of 2017, dated 13.02.2020, on the file of the Motor Accidents Claims Tribunal, Special Sub Judge No.II, Small Causes Court, Chennai.

2. The parties are referred to hereunder according to their litigative status and ranking before the Tribunal.

3. The case of the claimants are as follows:

The first petitioner is wife and the second and third petitioners are the sons of the deceased Ragunathan, who died in the road accident taken place on 15.03.2017 at about 7.20 hours, while trying to cross Porur to Kundrathur road near Madanandapuram School gate by walk. The first respondent being the owner of the motor-cycle bearing registration No.TN 01 BB 4710, who drove the vehicle rash and negligently and hit on the deceased and caused severe injuries, which resulted in death of the deceased after 1 ½ month from the occurrence of the accident.

4. The first respondent is the owner of the two-wheeler has not contested the claim and was remained ex-parte. The second respondent has contested the claim and filed counter and challenging the income, age, dependency and also negligence act alleged against the driver of the two-

wheeler.

5. Before the Tribunal, on the side of the claimants P.W.1 to P.W.3 were examined and Exs.P1 to P19 were marked. On the side of the second respondent R.W.1 and R.W.2 was examined and Exs.R1 to R4 were marked.

6. Based on the evidences placed on record, the Tribunal in Point No.1 has held that the driver of the two-wheeler has negligently drove the same, which resulted in causing death to the deceased. In Point No.2 the Tribunal has held that the driver of the two-wheeler was a minor at the time of accident and he was not having valid driving licence. Hence, the Tribunal has adopted the Principle of 'Pay and Recover'. In Point No.3, the Tribunal has quantified the compensation and awarded a sum of Rs.8,07,800/- as compensation.

7. Aggrieved over the Award passed by the Tribunal, the claimants has come out with this appeal seeking enhancement of compensation. 8. The grievance raised by the claimants herein is that the Tribunal has failed to accept the employment of the deceased who was working as an Accountant in a Firm called M/s.MIY Constructions and he was earning a sum of Rs.20,000/- per month. Even though, the Manager of Firm was examined and exhibits were marked, the Tribunal has rejected the employment of the deceased while awarding compensation and the same is not proper hence prays to set aside the same and to accept the evidence of P.W.3 and awarded compensation as per the claim made by the claimants.

9. The Tribunal has awarded only Rs.2,15,735/- for medical expenses but some of the medical bills were not produced before the Tribunal and that the claimants have separately filed Miscellaneous Petition, requesting to receive additional documents i.e., medical bills for claiming additional medical expenses. This Court, by an Order dated 31.08.2021 in C.M.P.No.10794 of 2021 has permitted the