The court adjusted compensation based on revised assessment of loss of dependency in a fatal accident claim, applying established legal principles for future income prospects.

For appellants : Mr.K.Balaji For R2 : Mrs.A.Salomi J U D G M E N T This Civil Miscellaneous Appeal has been preferred by the claimants against the Award dated 08.12.2023 made in M.C.O.P.No.968 of 2019 passed by the Motor Accident Claims Tribunal /III Court of Small Causes, Chennai, for enhancement of compensation.

2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.

3.The claimants herein, who are the husband and son of the deceased Shalom W/o.Parthiban, had filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.50,00,000/- for the death of said Shalom, who sustained fatal injuries in a road traffic accident that took place on 03.11.2018.

4. The Tribunal upon consideration of the oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.25,85,200/- with 7.5% interest The amount awarded by the Tribunal under various heads are tabulated hereunder :

5. The manner in which the accident occurred is not in dispute. The learned counsel for the appellants/claimants would contend that the deceased was aged about 30 years at the relevant point of time and was working as staff nurse at Cherish Hospital,Thirumullaivoil and earning a sum of Rs.15,000/- per month. The notional income was fixed at Rs.13,000/-

p.m, is inadequate.

6. The learned counsel appearing for the second respondent-

Insurance Company would argue that to substantiate the income details, no document is marked. Therefore, the notional income fixed by the Tribunal at Rs.13,000/- is reasonable and does not warrant any interference by this Court.

7. The date of the accident is 03.11.2018. It is the evidence of P.W1 that the deceased was working as a staff nurse at Cherish hospital, Thirumullaivoil, and earning a sum of Rs.15,000/- per month. In order to substantiate the said details, no document was marked. As per Ex.P.5 is copy of Nursing Certificate of the deceased, the date of birth of the deceased is 05.10.1988, Therefore, the age of the deceased is fixed as 30 years.

8. In consideration of the above said details, salary of the deceased is fixed at Rs.14,000/- per month. As per the law laid down by the Hon'ble Supreme Court in National Insurance Company Limited vs. Prenay Sethi and Others, 2017(2) TNMAC 609 SC, the Hon'ble Supreme Court has standardised the details of future prospects. For persons not in a permanent job, for the age group of persons below 40 years, 40% has to be added as future prospects while computing the monthly income of the deceased. 9. As held in Smt.Sarla varma and others vs Delhi Corporation and another reported in 2009(2) TNMAC 1 (SC), if the claimants are three in number, then 1/3^rd has to be deducted for personal and living expenses and the relevant multiplier to be adopted is '17'm. For computing loss of dependency, the following formula emerges:

Loss of dependency = [(Rs.14,000/- + 40%)-1/3x12x17 = Rs.26,65,668/-

10. As regards the other heads, the amounts granted by the Tribunal appears to be reasonable and acceptable, and it needs no interference. The compensation granted by the Tribunal is reworked and tabulated as hereunder: