The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.

Judgment

This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 13.09.2024 made in M.C.O.P. No.3701 of 2022 on the file of the Motor Accident Claims Tribunal, IV Judge, Court of Small Causes, Chennai, seeking enhancement of compensation awarded by the Tribunal.

2.The appellants are the wife, children and mother of the deceased Ladulal Jain, who died in a road accident that occurred on 23.05.2022 at about 4.45 p.m. According to the claimants, the deceased was riding his motorcycle when a bus bearing Registration No.TN-20-DC-4738, driven in a rash and negligent manner, dashed against the motorcycle. Due to the impact, the deceased sustained fatal injuries and died. The legal heirs of the deceased claim petiton before the Motor Accident Claims Tribunal claiming a compensation of Rs.30,00,000/- for the death of the deceased.

3.After considering the oral and documentary evidence, the Tribunal held that the accident occurred due to the negligence of the bus driver and awarded a total compensation of Rs.12,03,000/- with interest at 7.5% per annum payable by the Insurance Company. Not satisfied with the quantum of compensation awarded, the claimants have filed the present appeal seeking enhancement of compensation.

4.The learned counsel appearing for the appellants submitted that the Tribunal erred in fixing the monthly income of the deceased at Rs.16,000/-, which is very low and contrary to the evidence on record. It is further submitted that the deceased was running a Jewellery Shop and earning around Rs.35,000/- per month. The claimants have also produced Income Tax Returns before the Tribunal to substantiate the income of the deceased. However, the Tribunal failed to properly appreciate the said evidence and wrongly fixed the notional income. The learned counsel further contended that the compensation awarded under various heads is inadequate and not in consonance with the principles laid down by the Hon'ble Supreme Court. Therefore, the learned counsel prayed that the monthly income of the deceased may be reasonably fixed and the compensation enhanced suitably.

5.Per contra, the learned counsel appearing for the second respondent /

Insurance Company submitted that the Tribunal has considered all the materials available on record and awarded just and reasonable compensation. It is further contended that the claimants have not produced sufficient documentary evidence to prove that the deceased was earning Rs.35,000/- per month from jewellery business. Therefore, the Tribunal rightly fixed the notional income. Hence, the learned counsel prayed that the award passed by the Tribunal does not warrant interference by this Court.

6.This Court has carefully considered the submissions made on either side and perused the materials available on record.

7.The claim petition was filed by the appellants, who are the wife, children and mother of the deceased, seeking compensation for the death of Ladulal Jain in the motor accident that occurred on 23.05.2022. The Tribunal, upon appreciation of the oral and documentary evidence, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the bus bearing Registration No.TN-20-DC-4738 and held the Insurance Company liable to pay compensation. The said finding with regard to negligence and liability has not been seriously disputed before this Court. Therefore, the only issue that arises for consideration in this appeal is whether the compensation awarded by the Tribunal is just and reasonable or requires enhancement. The Tribunal has awarded a total compensation of Rs.12,03,000/-. The main grievance of the appellants is that the Tribunal fixed th