S. CHANDRASEKHARAN Vs. M. DINAKAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellants before us are the claimants in an action for compensation under the Motor Vehicles Act, 1988 (1988 Act). An accident had occurred on 28/2/2011 at about 10:45 A.M., which resulted in death of one Bala Babitha, a 37 year old lady, and caused injuries to her husband and her minor daughter. The first appellant is the husband of the deceased. The second and the third appellants are their children, who were minors by age at the point of time the accident occurred. The fourth appellant is the mother of the deceased. The first appellant and the third appellant alongwith the deceased were travelling in an auto rickshaw from Velachery to Adambakkam in the city of Chennai, which was hit by a vehicle (bearing registration no. TN-04-W-6189). The respondent no. 1 was the owner of that vehicle. The second respondent is the insurance company, whose policy covered the offending vehicle.

(3.) Claim was lodged by the appellants under Sec. 166 of the 1988 Act before the Motor Accident Claims Tribunal, Chennai (the Tribunal). Before the Tribunal, rash and negligent driving of the offending vehicle was proved, and that finding was not upset in appeal by the High Court of Judicature at Madras in its judgment delivered on 27/2/2018. The present appeals arise from that judgment. The Tribunal awarded compensation in favour of the appellant no.1 for a sum of Rs.4,77,100.00. The minor daughter (appellant no.3) of the deceased and the first appellant was awarded compensation of Rs.2,06,000.00. The quantum of compensation on account of death of said Bala Babitha was computed by the Tribunal to be of Rs.36,92,350.00. Monthly income of the deceased was calculated as one-third of her husband's income. The Tribunal found the husband's income to be Rs.78,700.00 per month. This finding of monthly income of the husband was not disturbed by the High Court. The compensation amount was to carry an interest of 7.5% per annum from the date of filing of the claim, till the date of deposit. Deposit of the awarded sum was directed to be made within two months from the date of the award.