TAMILSELVI Vs. R.KESAVA KUMAR

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 08.07.2015 made in M.C.O.P.No.428 of 2013 on the file of the Motor Accident Claims Tribunal, III Judge, Small Causes Court, Chennai.

(2.) The claimants are the appellants, seeking enhancement of compensation mainly on th ground that the Tribunal has not granted just compensation and the compensation granted is not in accordance with the principles laid down by this Court.

(3.) The learned counsel appearing on behalf of the appellants/claimants mainly contended that the Tribunal, while rightly fixing the negligence on the rider of the motor cycle failed to commute the award as per the guidelines available. The deceased was aged about 24 years at the time of accident and was working as a Painter. The accident occurred on 10.03.2011 and these aspects were not considered, while fixing the notional monthly income of the deceased person. The learned counsel for the appellants is of an opinion that the monthly income of Rs.6,000/- fixed by the Tribunal is improper and therefore, the same deserves to be enhanced. The Tribunal failed to award Future Prospects and for Love and Affection also, a sum of Rs.2,00,000/- is to be granted.