Tribunal's compensation quantum upheld: income from payslips, 25% future prospects, multiplier 14 for 44-year-old deceased with four dependents.

(Judgment of the Court was delivered by K.Rajasekar J.)

This Civil Miscellaneous Appeal has been filed by the appellant-

Insurance Company against the judgment and decree dated 29.11.2024, made in M.C.O.P. No.4210 of 2019, on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

2.By consent of the learned counsel appearing for the appellant as well as the respondents 1 to 4, the appeal is taken up for final disposal at the admission stage itself.

3.The appellant is the second respondent in M.C.O.P.No.4210 of 2019, on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Chennai. The respondents 1 to 4/claimants 1 to 4, who are the wife, two minor daughters and mother of the deceased Shanmugam, filed the said claim petition, claiming a sum of Rs.50,00,000/- as compensation for the death of the said Shanmugam who died in the accident that took place on 22.04.2019.

4.According to the respondents 1 to 4/claimants 1 to 4, on 20.04.2019, at about 21.30 hours, the deceased was riding a motorcycle bearing registration No.TN 07 CH 3367 from South to North along the Airtel showroom on Nolambur Main Road, Chennai. Another motorcycle bearing registration No.TN 13 M 4674 coming from East to West, was driven in a rash and negligent manner and dashed against the deceased’s motorcycle. As a result, the deceased was thrown off the motorcycle, sustained fatal injuries and succumbed on 22.04.2019. Hence, the respondents 1 to 4/claimants 1 to 4 filed the said claim petition, claiming compensation against the 5^th respondent as owner and the appellant as insurer of the motorcycle bearing registration No.TN 13 M

4674.

5.The 5^th respondent, owner of the Motorcycle bearing registration No.TN

13 M 4674, remained ex-parte before the Tribunal.

6.The appellant-Insurance Company, filed a counter statement and denying all the averments made by the respondents 1 to 4/claimants 1 to 4 in the claim petition. According to the appellant, at the time of accident, the deceased was not wearing a helmet, rode the motorcycle recklessly and caused the accident. The appellant-Insurance Company further contended that in the absence of a charge sheet against the rider of the motorcycle bearing registration No.TN 13 M 4674, no liability accrues on the appellant. The claim petition is also bad for non-joinder of rider of the motorcycle bearing registration No.TN 07 CH 3367. In any event, the respondents 1 to 4/claimants 1 to 4 have to prove the age, avocation and income of the deceased to claim compensation. The total compensation claimed by the respondents 1 to 4 is excessive and prayed for dismissal of the claim petition.

7.Before the Tribunal, the first respondent/claimant examined herself as P.W.1, examined eye-witness as P.W.2 and marked 13 documents as Exs.P1 to P13. The appellant/Insurance Company did not let in any oral or documentary evidence.

8.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent riding by the rider of the motorcycle bearing registration No.TN 13 M 4674 belonging to the fifth respondent and directed the appellant as the insurer of the said motorcycle, to pay a sum of Rs.28,04,500/- as compensation to the respondents

1 to 4/claimants 1 to 4.

9.Challenging the award granted by the Tribunal dated 29.11.2024, made in M.C.O.P. No.4210 of 2019, the appellant - Insurance Company has come out with the present appeal.

10.Though the appellant-Insurance Company raised various grounds with regard to negligence, the learned counsel appearing for the appel