BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 20.09.2022 PRONOUNCED ON:15.11.2022 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.M.A(MD)No.785 of 2022

1.Gunasekaran

2.Vijayalakshmi 3.Minor.Bharath

4.Minor.Madhu Nisha (Minor 3rd and 4th petitioners are through the first petitioner, who is their father, next friend and guardian : Appellants / Petitioners Vs.

1. Muthukrishnan

2. The Branch Manager, The New India Assurance Company Limited, Trichy Branch. : Respondents / Respondents PRAYER:- Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree, dated 25.04.2022, in M.C.O.P.No.872 of 2018, on the file of the Motor Accident Claims Tribunal (Additional District Court), Pudukkottai.

For Appellants : Mr.P.Ganapathi Subramanian For Respondents :Ms.P.Malini for R2

JUDGMENT

The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.872 of 2018, dated 25.04.2022, on the file of the Motor Accident Claims Tribunal/ Additional District Judge, Pudukottai.

2. The appellants/claimants, who were awarded with Rs.1,50,000/-

with interest at 7.5% per annum and costs for the death of Lakshmana Kumar, who died consequent to an accident occurred on 27.09.2018, challenged the quantum of compensation awarded at by the Tribunal and claimed enhancement of the same.

3. Admittedly, the first appellant/first claimant is the brother of the deceased Lakshmana Kumar, that the second appellant/second claimant is the wife of the first appellant/claimant, and that the appellants 3 and 4/claimants 3 and 4 are the children of the appellants 1 and 2. The case of the claimants is that on 27.09.2018, when the deceased Lakshmana Kumar and his friend Muthuselvan @ Kesavan were proceeding in a two wheeler bearing Registration No.TN-55-U-3976 from Nagamangalam to Duraikkudi in Nasareth to Nagamangalam thar road near Pidarampatti Arulsami's house, a Tanker Lorry bearing Registration No.TN-28-L-3378 came in the same direction from North to South in a rash and negligent manner and without following the traffic rules, had dashed against the two wheeler and as a result of which, Lakshmana Kumar was thrown out and died on the spot and that the accident was occurred only due to the rash and negligent driving of the driver of the Tanker Lorry.

4. During trial, the claimants have examined the first claimant as P.W.1 and one Murugesan as P.W.2 and exhibited 13 documents as Exs.P.1 to P.13. The respondents have adduced neither oral nor documentary evidence.

5. The learned trial Judge, upon considering the evidence, both oral and documentary evidences and on hearing the arguments of both sides, has passed the impugned award dated 25.04.2022, granting a sum of Rs.1,25,000/- towards loss of love and affection and Rs.10,000/- for Ambulance charges and Rs.15,000/- towards funeral expenses, all totalling Rs.1,50,000/- with interest and costs. Aggrieved by the quantum of award, the claimants have come forward with the present Civil Miscellaneous Appeal.

6. The learned Counsel for the appellants/claimants would contend that the claimants have clearly established that they are depending upon the income of the deceased Lakshmana Kumar, that the Tribunal ought to have fixed the income of the deceased at Rs.30,000/- as the appellants had established the fact that the deceased was working as Field Manager at Blutron India, Musiri, Trichy District, that the Tribunal ought to have considered the future prospects of the deceased and ought to have awarded compensation towards the future prospects of the deceased, that the Tribunal ought to have awarded Rs.40,000/- towards loss of consortium to each of the claimants and that the Tribunal ought to have awarded compensation towards loss of estate and for damages to clothing and articles.

7. The points that arise for consideration are;

(1) Whether the Tribunal erred in granting Rs.1,50,000/- as compensation without considering the fact that the claimants were the de