The court upheld the necessity of accurately determining the notional income of the deceased in compensation claims, leading to an enhancement of the awarded amount to reflect fair compensation based on actual earnings.

JUDGMENT

This Civil Miscellaneous Appeal has been preferred by the appellants/claimants seeking to enhance the quantum of compensation awarded by the learned V Judge, Court of Small Causes (Motor Accidents Claims Tribunal), Chennai vide Award dated 20.11.2024 in M.C.O.P.No.204 of 2022.

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

On 09.12.2021, at about 18.30 hours, while Mr.Pandiyan (deceased) was riding a two wheeler bearing Registration No.TN 61 S 6780 at Kumbakonam to Chennai Main Road at Meikavalputhur Village in front of Siva Ganesan empty land from South to North direction and tried to take right turn with proper signal, at that time, another two wheeler bearing Registration No.TN 61 P 9831 came from the opposite direction in a rash and negligent manner, hit the two wheeler of the deceased. In the said accident, Pandiyan (deceased) had sustained fatal injuries and due to which, he died on 10.12.2021 i.e., the very next day of accident. Hence, the appellants/claimants (wife and children of the deceased) had filed a Claim Petition in M.C.O.P.No.204 of 2022 against the 1^st respondent (owner of the offending vehicle) and 2^nd respondent/Insurance Company (insurer of the offending vehicle), claiming a sum of Rs.20,00,000/-

as compensation for the death of Pandiyan.

3. The 1^st respondent (owner of the offending vehicle) had remained ex parte before the Tribunal.

4. The 2^nd respondent/Insurance Company (insurer of the offending vehicle) had filed its counter statement denying all the averments made by the appellants/claimants in the Claim Petition.

5. Before the Tribunal, on the side of claimants, 2^nd appellant examined himself as P.W.1 and one Mr.Ajith was examined as P.W.2 and 21 documents were marked as Exs.P1 to P21. On the side of respondents, one Mr.Arumugarajan was examined as R.W.1 and two documents were marked as Exs.R1 & R2.

6. On appreciation of the oral and documentary evidence, the Tribunal arrived at the finding that the accident occurred due to the rash and negligent driving of the 1^st respondent’s two wheeler driver.

7. The Tribunal awarded a sum of Rs.16,06,000/- as compensation to the appellants/claimants. The break-up details of the compensation awarded by the Tribunal are as follows:

8. The Tribunal vide Award dated 20.11.2024, partly allowed M.C.O.P.No.204 of 2022 and directed the 2^nd respondent/Insurance Company to pay a sum of Rs.16,06,000/- (Rupees Sixteen Lakhs Six Thousand Only) as compensation to the appellants/claimants, with proportionate cost and interest at 7.5% per annum from the date of claim petition till the date of realization and thereafter, to recover the same from 1^st respondent (owner of the offending vehicle).

9. Now, the appellants/claimants have preferred this Civil Miscellaneous Appeal before this Court, seeking to enhance the quantum of compensation awarded by the Tribunal.

10. Mr.K.Ayyadurai, learned counsel for appellants/claimants submitted that though the appellants/claimants had claimed Rs.20,00,000/- as compensation for the death of Mr.Pandiyan (deceased), the Tribunal has awarded only a sum of Rs.16,06,000/- as compensation to the appellants/claimants. He further submitted that at the time of accident, the deceased was working as a Mason and he was earning Rs.20,000/- per month, but, the Tribunal has fixed the meagre amount of Rs.13,000/- as notional monthly income of the deceased. While fixing the notional monthly income of the deceased, the Tribunal failed to consider the economic conditions prevailing in the year 2021 in whi