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2024 Supreme(Online)(MAD) 14967

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
CHOLAMANDALAM M.S.GENERAL IN – Appellant
Versus
SUMATHI – Respondent


JUDGMENT

The instant appeal has been filed by the Insurance Company challenging the award passed in MCOP.No.6 of 2018 on the file of the Motor Accident Claims Tribunal /III Additional District and Sessions Court, Thanjavur at Pattukkottai.

2.The legal heirs of the deceased have filed the claim petition seeking a compensation of Rs.30.00 lakhs.

3.According to the learned counsel for the claimants, the deceased was doing textile business by going around the streets in bicycle and he was earning a sum of Rs.30,000/- per month. The Tribunal has found that there is no proof of actual income of the deceased person and has taken a notional income at Rs.15,000/- p.m and has applied a multiplier of 13 and has proceeded to fix the loss of income at Rs.19,50,000/-. Challenging this portion of the award, the present appeal has been filed by the Insurance Company.

4.According to the learned counsel for the appellant/Insurance Company, when the claimants have not placed on record any document to establish the monthly income, the notional income fixed at Rs.15,000/- is on the higher side. Hence, he prayed to reduce the monthly notional income to Rs.10,000/- per month.

5.Per contra, the learned counsel

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