The court established principles for determining adequate compensation in wrongful death cases, emphasizing the need for fair assessment of the deceased's income.

For Appellants : Mr.U.Chithambaram For Respondents : Ms.R.Rathna Thara for R2 JUDGMENT The appellant has filed this appeal challenging the Award of the learned Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai in M.C.O.P.No.3766 of 2019 arising from the death of Mr.Velu on 06.04.2018 due to a road traffic accident.

2.The learned counsel for the appellant submitted that the monthly income of the deceased Velu, who is Coolie and self employed was undervalued at Rs.12,000/- and it should be enhanced. He would submit that the Tribunal has granted compensation under various heads are very low and therefore, the Award has to be enhanced.

3.The learned counsel for the respondent / Insurance Company submitted that the Tribunal correctly determined the liability and quantum of compensation and that this is a very reasonable award and does not warrant a reconsideration.

4.Heard the learned counsel appearing on either side and perused the papers.

5.On a perusal of records, it is seen that the deceased was a Coolie and self employed. At the time of death, the deceased was aged 35 years. Taking into account the cost of living at that time, the notional income can be enhanced to a sum of Rs.16,000/- per month to which 40% of actual salary has to be added to the monthly income of the deceased towards future prospects. Therefore, the monthly income would come to Rs.22,400/-. The annual income would work out to a sum of Rs.2,68,800/- (Rs.22,400/- x 12 = Rs.2,68,800/-). After deducting 3/4 amount towards his personal expenses, the annual contribution to the family would be a sum of Rs.2,01,600/-. Considering his age, the appropriate multiplier to be adopted is 16. Therefore, the loss of dependency to the family would be a sum of Rs.32,25,600/-(Rs.2,01,600/-x 16 = Rs.32,25,600/-). Further, the liability was rightly established by the Tribunal. In all other respects, the Award remains unaltered. Therefore, taking into consideration the above aspects, the modified amount is as follows:

Head Awarded by this Court (Rs.)

Loss of Dependency -32,25,600/-

Head Awarded by this Court (Rs.)

Loss of Estate -15,000/-

Loss of Consortium -1,60,000/-

Funeral Expenses -15,000/- Transport Charges -10,000/-

Gross Total -34,25,600/-

Less: 10% Deduction for Driving -3,42,560/-

Licence Net Compensation -Rs.30,83,040/-

6.Accordingly, this Civil Miscellaneous Appeal is partly allowed. The 2^nd respondent/Insurance Company is directed to deposit the entire compensation amount of Rs.30,83,040/- with interest @7.5% per annum, less the amount already deposited, with proportionate accrued interest and costs, to the credit of M.C.O.P.No.3766 of 2019 on the file of the learned Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai, within a period of eight weeks from the date of receipt of a copy of this Judgment, if not deposited earlier. The 1^st claimant is not entitled to get interest for the default period. On such deposit, the claimants are permitted to withdraw the entire award amount with proportionate accrued interest and costs as apportioned by the Tribunal, by making necessary applications.

7.The share of the minors/3 and 4 claimants shall be deposited in any one of the Nationalised Banks in fixed deposit under the reinvestment scheme initially for a period of three years. The interest accruing on the share of the minors/3 and 4 claimants shall be paid to the mother of the minors, once in three months, till they attain majority.

The claimants are directed to pay the Court fee for the compensation amount, if required. The Tribunal below shall not disburse the amount till such time as proof of payment of Court Fee has been produced by the claimants. No costs.