The court confirmed the principle that compensation for loss of dependency should consider future prospects of income as per established precedents.

1. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Chennai in M.C.O.P.No.4257 of 2007 for the death of the deceased Senthil Kumar in the road traffic accident occurred on 10.9.2007, the Tamil Nadu State Transport Corporation Limited has filed the appeal in C.M.A.No.1905 of 2012. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants, who are wife, parents and children of deceased, have filed C.M.A.No.1567 of 2013 seeking enhancement of the compensation. For the sake of convenience, the parties are referred to as arrayed in C.M.A.No.1905 of 2012.

2. Brief facts are that on 10.9.2007 when the deceased Senthil Kumar was riding a two wheeler bearing Regn.No.TN 22 S 1681 from Thiruthani to Pattabiramapuram and going to Golden Floor mill on the left side of the road, at about 21.30 hours, a bus bearing Regn.No.TN 21 N 0640 belonging to the appellant Corporation, which was coming from Chennai to Thiruthani, was driven in a rash and negligent manner and dashed the deceased and the deceased died on the spot. A criminal case in Crime No.541 of 2007 was registered on the file of Thiruttani Police Station, Thiruvallur District for the offence under S.279 and S.304A I.P.C. The deceased was aged 34 years at the time of accident and working as Junior Assistant in Treasury Department, Thiruvallur. Alleging that the accident was due to the rash and negligent driving of the driver of the appellant Corporation, the claimants, who are wife, parents and children of the deceased, have filed the claim petition, claiming compensation of Rs.25,00,000/-.

3. Resisting the claim petition, the appellant Transport Corporation filed a counter affidavit, denying the manner of accident, age, avocation and income of the deceased, besides contending that the two wheeler with pillion rider bearing Regn.No.TN 22 S 1681 was driven at a high speed in a rash and negligent manner and dashed the bus of the appellant Corporation, which was coming in its opposite direction and that the compensation claimed is exorbitant and excessive.

4. To substantiate the claim, wife of the deceased examined herself as P.W.1. Eye witness - Ramesh was examined as P.W.2. On the side of the claimants, Exs.P1 to P10 were marked. On the side of the appellant Transport Corporation, Assistant Engineer of Thiruthani Work Shop was examined as R.W.1 and no documents were marked.

5. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident was due to the rash and negligent driving of the driver of the appellant Transport Corporation and the appellant Transport Corporation is liable to pay the compensation. The deceased was aged 36 years at the time of accident and working as a Junior Assistant in Treasury Department, Thiruvallur. Based on the salary certificate - Ex.P.10, wherein the monthly gross salary of deceased was stated as Rs.10,756/- and considering the future prospects as 50% of the salary drawn by the deceased, the Tribunal arrived at a sum of Rs.16,134/- per month and Rs.1,93,608/- per annum as the income of deceased. After deducting 20% therefrom towards income tax, the Tribunal has fixed a sum of Rs.1,54,887/- as annual income of deceased and deducted 1/4th towards personal expenses of the deceased, taking into consideration that the family members of the deceased are 4 in number and arrived at a sum of Rs.1,16,163/- towards loss of contribution to the family. As the deceased was aged 36 years, the Tribunal a