ANJALA Vs. S. MAHESWARAN

JUDGEMENT

(1.) The claimants, who are the wife and children of one Karunanithi, who died in a road accident that occurred on 1/12/2017 are on appeal, seeking enhancement of the compensation awarded by the Tribunal at Rs.15,75,000.00.

(2.) The factum of the accident, the death of Karunanithi and the fact that the accident occurred due to the negligence of the driver of the Eicher Van bearing Registration No. TN -37-BH-0199 insured with the second respondent /Insurance Company are not in dispute.

(3.) The Tribunal took the monthly income of the deceased at Rs.10,000.00 and fixed the total loss of dependency at Rs.14,00,000.00. Conventional damages for loss of consortium, love and affection, loss of estate, Transport charges and funeral expenses were awarded at Rs.40,000.00; Rs.1,00,000.00, Rs.15,000.00, Rs.5,000.00 and Rs.15,000.00 respectively. The total non conventional damages awarded is Rs.1,75,000.00. While accepting the quantum of compensation awarded under the other heads, Mr.K.Varadhakamaraj, learned counsel appearing for the appellants would contend that the compensation awarded for loss of dependency is too low and the same is consequence of fixation of the notional monthly income at Rs.10,000.00 by the Tribunal.