Court established enhanced compensation criteria based on notional income adjustments and dependency considerations for loss of consortium.

Respondents PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act , praying to set aside the judgment and decree in MCOP No.2053 of 2016 dated 08.11.2022 on the file of the Motor Accident Claims Tribunal, Special District Judge, Salem For Appellants: Mr.R. Navaneetha Krishnan For Respondents: Ms.I.Malar For R2 R1 - Unclimed JUDGMENT Challenging the impugned award passed by the tribunal in MCOP.No.2053 of 2016, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.

2. The appellants are wife, son and mother of deceased M.Bangaru Prasath. The case of appellants is that when the deceased was riding a truck bearing Regn. No. TN-30 AS-9346 from Tiruchengode to Chennai and the truck was repaired at Tindivanam near Malapattai Golden highway city plot and it was parked on the left side in mud portion and when he was repairing, the driver of a bus bearing Regn. No. PY-01-CB-5891 coming from Madurai towards Chennai drove it in a rash and negligent manner hit behind the truck and caused an accident. Due to which, the deceased sustained grievous injuries and died on the spot. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.50,00,000/-.

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.11,49,000/- under various heads as follows:

4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

5. The learned counsel for appellants would argue that the accident was happened in the year 2016 and the deceased was a driver cum owner of the truck and having valid license, but without considering the same as well as cost of living at that time, the tribunal had fixed the notional income only as Rs.8000/- including future prospects. Hence, they prayed for enhancement of compensation.

6. The learned counsel for 2nd respondent raised objections stating that the deceased was aged about 32 years at the time of accident and he was driver cum owner, but there is no proof produced on the side of appellants for the income derived by him around Rs.50,000/-. Hence, the Tribunal had rightly fixed the notional income as Rs.8000/-, which needs no interference.

7. Heard rival submissions of both learned counsel for appellants and 2nd respondent and perused the materials available on record.

8. According to appellants, the deceased was a driver cum owner of truck and they have produced his R.C. Book marked as Ex.P6 as well as Driving license marked as Ex.P5. Considering the fact that the accident was happened in the year of 2016 and considering the cost of living at that time as well as the deceased was a professional driver, this Court is inclined to enhance the notional income of the deceased Bangaru Prasath from Rs.8000/- to Rs.14000/-.

9. Furthermore, the Tribunal has granted only a sum of Rs.40,000/- under the head of 'Loss of consortium'. As each of the appellants are entitled for a sum of Rs.40,000/- under this head, the total