Table of Content
1. basis of appeal concerning compensation (Para 4)
2. defense of the tribunal's award (Para 5)
3. court's assessment of compensation calculations (Para 6 , 7 , 9)

JUDGEMENT

The appellants have filed this appeal against the award passed in MCOP.No.806 of 2021 dated 03-10-2024 on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

2. The brief facts of the case of the appellants/claimants are as follows:

The appellants / petitioners claimed that on 25.09.2014 at about 18.30 hrs while the victim was travelling as a pillion rider in a Motorcycle TVSA XL bearing Registration No.TN 73 AX 0046 at Arakonam to Sholinghur Road, Kumminipet, near Chennai bakery, a Bus bearing Registration No.TN 73 D 2994 driven in a rash and negligent manner dashed against the victim's motorcycle. Due to the impact the victim sustained fatal injuries and died. 3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.8,22,000/- as compensation, directing the 2nd respondent to pay the said amount to the appellants, along with interest at the rate of 7.5% per annum from the date of the petition till the date of realization (excluding the period of dismissal for default, if any).

4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellants (claimants) have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

5. On the other hand, the learned counsel appearing for the 2nd respondent contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.

6. The deceased was working as a Mason and was earning Rs.900/- per day. However, no documentary evidence was adduced by the claimants to substantiate their claim that the deceased was earning a sum of Rs.900/- per day as mentioned in their claim petition. In the circumstances, this Court is of the opinion that fixing the notional monthly income of the deceased at Rs.15,000/- would meet the ends of justice. Therefore, as per the decision of the Hon'ble Supreme Court in National Insurance Co. vs Pranay sethi and others, reported in 2017 (2) TNMAC 601, 10% has to be added towards future prospects of the deceased. The deceased died, leaving behind the appellants, who are his legal heirs, appellants 2 to 4 are adult and married. Hence, 1/2 of the income is to be deducted towards the deceased's personal expenses. The deceased was aged 59 years at the time of the accident, and as per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, the proper multiplier to be adopted in the instance case is 9. The compensation awarded under the other heads by the Tribunal is confirmed.

7. As per the findings of the Tribunal, the accident occurred due to the rash and negligent driving of the bus driver. Since the deceased was only a pillion rider, the 10% contributory negligence fixed by the Tribunal is ordered to be set aside.

8. Calculation Notional Income = Rs.15,000/-

10% Future Prospects = 15,000 +1,500 = 16,500/-

After 1/2 deduction = 16,500 –8,250= Rs.8,250/-

Loss of dependency = Rs.8,250 x 12m x 9 = Rs.8,91,000/-

9. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads:

Sl. No	Heads	Amount (in Rs.) awarded by the Tribunal	Amount (in Rs.) awarded by the High Court
1.	Loss of dependency	7,12,800	8,91,000
2.	Loss of Estate	15,000	15,000
3.	Loss of Consortium	1,60,000	1,60,000
4.	Funeral Expenses	15,000	15,000
5.	Transportation including damages	10,000	10,000
	Total Less 10% contributory negligence	9,12,800 91,280	10,91,000 Nil
	G.Total	8,21,520	10,91,000

Thus, the compensation awarded by the Tribunal is enhanced from Rs.8,21,520/- to Rs.10,91,000/-, which shall carry interest at the rate of 7.5%

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