HEMALATHA Vs. N. GOPI

JUDGEMENT

(1.) The Claimants, who are the parents and sister of the deceased B.Prabaharan, who died in a road accident that occurred on 30/12/2017, are on appeal terming award of Rs.11,86,680.00 as meagre.

(2.) The appellants would seek enhancement. The deceased was 21 years old and he was pursuing B.Sc. Visual Communication at the time of the accident. It is also claimed that he was a very bright student with several extra curricular activities including athletics.

(3.) The factum of the accident, the death and the negligence on the part of the offending vehicle, namely, the Eicher Van are not in dispute since the Insurance Company has accepted the award. On the quantum, the Tribunal adopted the notional income of Rs.9,000.00 per month, added 40% towards future prospectus and deducted 1/2 of the amount towards personal expenses, since the deceased was a bachelor, and arrived at the total loss of dependency adopting multiplier of '18' at Rs.13,60,800.00. The Tribunal deducted 15% towards contributory negligence as the deceased was not wearing helmet. Thus the Tribunal fixed the total loss of dependency at Rs.11,56,680.00. It also awarded Rs.15,000.00 towards Loss of estate and Rs.15,000.00 towards funeral expenses. Thus the total compensation was fixed at Rs.11,86,680.00.