LAWS(MAD)-2022-1-230

RAJESWARI Vs. M. ROHINI

Decided On January 07, 2022
RAJESWARI Appellant
V/S
M. Rohini Respondents

JUDGEMENT

(1.) The wife, children and parents of one S.Rajendran, who died in a motor accident that occurred on 10/12/2018, are on Appeal terming the compensation of Rs. 30,35,000.00 awarded by the Tribunal as meagre.

(2.) The fact that Rajendran, died in the motor accident and that the accident occurred due to the negligence of the driver of the Car bearing Registration No.TN-07-BQ-1098 is beyond dispute as the Insurance Company has accepted the award.

(3.) On the quantum, Mr.Varadhakamaraj, learned counsel appearing for the appellants would vehemently contend that the appellants had filed the Income Tax Return of the deceased which was filed on 23/7/2018, prior to the accident which shows that he had a returned annual income of Rs. 3,00,576.00 for the relevant period. Therefore, according to the learned counsel, the Tribunal should have adopted the said income as the annual income and the Tribunal was not correct in reducing the same to Rs. 20,000.00 per month. He would also point out that the amount awarded towards loss of love and affection and loss of consortium are on the lower side.