In motor accident compensation cases, where proof of income is unsubstantiated, the court may fix reasonable notional income based on prevailing judicial precedents for the relevant year, applying future prospects and standard multiplier methodology to ensure just and fair compensation.

JUDGMENT

This Civil Miscellaneous Appeal is filed challenging the award, dated

04.10.2019 passed in M.C.O.P.No.67 of 2018 by the Motor Accident Claims Tribunal/Principal District and Sessions Judge, Ramanathapuram.

2.The 1 ^st petitioner/claimant in M.C.O.P.No.67 of 2018 is the appellant st herein. The 1 petitioner/claimant is the dependent of the deceased st Jiyavudeen, who died in a motor traffic accident. The 1 respondent is nd nd respondent/TNSTC and the 2 respondent is the 2 petitioner in the claim petition.

3.For the sake of convenience, the parties as arrayed in M.C.O.P.No.67 of 2018 are adopted hereunder.

4.The brief facts of the case:

On 29.11.2015, the deceased Jiyavudeen was riding as a pillion rider along with his friend/rider in a motorcycle bearing registration No.TN 01 AU 0351 from Chennai. At about 4.00 hours, when they were nearing Okkoor Kootu Road on the Chennai to Dindivanam main road, the respondent Corporation bus bearing registration number TN 45 N 3533, driven by its driver in a rash and negligent manner from the back side and while trying to overtake a two-wheeler, dashed into the two wheeler. Due to the impact, the pillion rider/deceased and rider died on the spot due to multiple fatal injuries. The deceased Jiyavudeen was aged 29 years and he was a bachelor. He was working as a driver and was earning Rs.15,000/- p.m. The petitioners are dependent on the income of the deceased Jiyavudeen. An F.I.R. in Crime No.392 of 2015 U/s.279 and 304(A) of IPC was registered against the driver of the respondent by Okkur Police Station. Hence, the petitioners/mother and brother, filed a claim petition seeking compensation of Rs.20,00,000/-.

5.The respondent/TNSTC objected to the claim petition by contending that the respondent’s bus driver had driven the bus at a normal speed with due care by following traffic rules from north to south. The rider of the two wheeler, along with the deceased, was riding at high speed in a rash and negligent manner, tried to overtake the bus and invited the accident.

Hence, the petitioners are not entitled to claim from the respondent.

6.Before the Tribunal, both sides adduced oral and documentary evidence. The petitioners examined two witnesses as P.W.1 and P.W.2 and marked 8 documents as Ex.P.1 to Ex.P.8. On the respondent's side, no witness was examined, and no document was marked.

7.After hearing both sides and considering the evidence, the Tribunal has held negligence on the part of the driver of the respondent’s bus. The Tribunal has partly allowed the claim petition in favour of the 1^st petitioner/mother alone and arrived at a total compensation of Rs.11,41,000/- and directed the respondent/TNSTC to pay the amount to the 1^st petitioner with interest & cost and dismissed the petition as against the

2^nd petitioner/brother, by its order, dated 04.10.2019.

8.Aggrieved by the said award, the 1 ^st petitioner/claimant has preferred this Civil Miscellaneous Appeal.

9.Heard both sides and perused the records in this Civil Miscellaneous Appeal.

10.There is no dispute by both sides that the accident took place due to the rash and negligent driving of the respondent’s driver and that the deceased Jiyavudeen, was a bachelor who was aged 29 at the time of the accident. The only dispute is regarding the income of the deceased and the quantum of loss of income.

11.The learned counsel for the appellant/1^st petitioner has submitted that the deceased Jiyavudeen was working as a driver and was earning Rs.15,000/- as per Ex.P.5 - Salary certificate. But the Tribunal has fixed the notional income at Rs.7,500/- p.m., which is half of the salary as mentioned in Ex.P.5 - Salary certificate. The Tribunal declined to fix the income as the competent person of Ex.P.5 was not examined. The accident in this case occurred in