LAWS(MAD)-2021-1-466

MEENA Vs. H. SRINIVASAN

Decided On January 07, 2021
MEENA Appellant
V/S
H. Srinivasan Respondents

JUDGEMENT

(1.) The Claimants, who are the wife and minor children of late Mothi, who died in a motor accident that occurred on 29/5/2017 are on appeal terming the award of Rs.14,75,000.00 by the claims Tribunal as very low.

(2.) The factum of accident and the death of Mothi are not in dispute. The finding of the Tribunal that it is negligence of the driver of the car bearing Registration No. TN-02-AV-2151 insured with the second respondent/Insurance Company that caused the accident is also not in dispute since the Insurance Company has not chosen to challenge the award.

(3.) On the quantum, Mr.K.Varadhakamaraj, learned counsel for the appellants would submit that the Tribunal erred in taking the monthly income of the deceased at Rs.10,000.00. He would contend that considering the f that the accident had occurred in 2017, the Tribunal must have taken much higher amount as the monthly notional income.