N. VANAJA Vs. PURION DISTILLED WATER PVT. LTD.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimant against the Judgment and Decree dated 02.04.2019 made in M.C.O.P.No. 7100 of 2016 on the file of Motor Accident Claims Tribunal, II Judge, Small Causes Court, Chennai seeking enhancement of compensation awarded by the Tribunal.

(2.) The case in brief is as follows: On 28.03.2010 at about 7.15 pm, while the deceased was walking along Nellikuppam Road, From Guduvanchery towards Kayarambedu, at that time, the lorry bearing Registration No.TN-19-S-3413 came in a rash and negligent manner, dashed against the deceased, as a result of which, he sustained grievous injuries and died.

(3.) Mr.M.P.Thangavel, learned counsel for the appellant/claimant submitted his arguments. As per his submissions, on the date of the accident, the deceased was aged 57 years. As per the claim petition, the claimant is a widow and they do not have children. As per the claim petition, the deceased/ husband of the claimant was working as a Basic health Worker, Zone VI Corporation of Chennai. On the date of accident, he was earning Rs.25,000/- per month, totally from his employment in the Corporation of Chennai and as Gurukkal in a temple. In the enquiry, no document was marked as proof of income. Therefore, the Tribunal had observed that both avocations, namely, health worker and Gurukkal in the temple, cannot co-exist as both would require going to the working place early in the morning. Therefore, rejecting the claim as regards the avocation of the deceased, the learned Judge had fixed a sum of Rs.9,000/- as notional income and had calculated the loss of income. Therefore, only a meagre amount was awarded. Aggrieved by the same, the sole claimant has preferred this appeal.