The court upheld the principles of determining compensation by referencing established ratios while adjusting income estimates to ensure fair recompense to the appellants.

JUDGMENT

The above appeal is filed by the claimants seeking an enhancement of the compensation awarded by the Motor Accident Claims Tribunal, (In the IV Court of Small Causes) Chennai in M.C.O.P.No.4945 of 2018 dated 01.02.2024 for the death of the deceased Varadhan.

2. The appellants are the wife, daughter, son and mother of the deceased Varadhan. On 07.05.2018 at about 14.35 hours, the deceased was travelling as a pillion rider in the motorcycle bearing Regn.No.TN-19-T-7131 ridden by one Kamalakanna at G.S.T. Road, Anna Nagar, Thenpakkam, Achirapakkam P.S.Limit, Kancheepuram District proceeding towards Kongarai Village. At that time, an S.E.T.C. bus bearing Regn.No.TN-01-N-4952 proceeding in the same direction, was driven by its driver in a very rash and negligent manner and dashed against the motorcycle, thereby, they were thrown out and deceased pillion rider died. Therefore, the claimants have filed a claim petition claiming for a sum of Rs.35,00,000/- as compensation before the Tribunal in M.C.O.P.No.4945 of 2018 for the death of the deceased.

3. Before the Tribunal, on the side of the appellants, two witnesses were examined viz., P.W.1 and P.W.2 and 17 documents were marked viz., Ex.P.1 to Ex.P.17. On the side of the respondents, one witness was examined viz., R.W.1 however, no documents were marked. After adjudication, the Tribunal awarded a sum of Rs.10,41,700/- as compensation to the appellants. Not satisfied with the same, the appellants have preferred the present appeal seeking enhancement.

4. Learned counsel appearing for the appellants submitted that the monthly income fixed by the Tribunal is on the lower side, which requires to be re-considered by this Court. He further submitted that the compensation awarded under the other heads are on the lower side, which requires to be enhanced. Accordingly, he prays for appropriate enhancement in favour of the appellants.

5. Per contra, learned counsel appearing for the respondent/Transport Corporation submitted that, by considering all the oral and documentary evidence, the Tribunal has awarded just and reasonable compensation under various heads, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal.

6. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent and perused the materials available on record.

7. The factum and manner of the accident is not disputed by the parties and so also the liability. Therefore, this Court is not entering into the said aspect. The only grievance of the appellants is with regard to the quantum of compensation awarded by the Tribunal. To compute the income under the head loss of income, no document in support of proof of the income of the deceased has been filed. However, it is claimed by the appellants that, at the time of accident, the deceased was agriculture worker and milk vendor and earned a sum of Rs.1,000/- per day. As per the decision of the Hon'ble Apex Court in the case of Syed Sadiq Vs. United India Insurance Company reported in 2014 (1) TANMAC 459, notional income of a vegetable vendor is fixed at Rs.6,500/-, where income of the deceased is not proved through documentary evidence.

However, the Tribunal had fixed a sum of Rs.11,000/- as notional income, which is on the lower side. Hence, by applying the ratio laid down by the Hon'ble Supreme Court in Syed Sadiq's case, fixing a notional income of Rs.16,000/- and adding future prospects at 10%, as has been held by the Constitution Bench in the case of National Insurance Company Limited Vs.