GOVINDAMMAL Vs. M. GANESH

JUDGEMENT

(1.) NOT being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Chennai, in and by award dated 17.04.2008 in M.C.O.P. No. 3586 of 2006, the claimants have filed the present appeal seeking enhancement of compensation.

(2.) SINCE the present appeal has been filed challenging the quantum of compensation alone, I am not dealing with the other aspects of the award passed by the Tribunal.

(3.) IN order to prove the income earned by the deceased Sathish, no documentary evidence was produced on the side of the claimants before the Tribunal. Further more, P.W.1, mother of the deceased, in her cross -examination, had admitted that the age of the deceased was only 11 years. Hence, the Tribunal, by rejecting the case of the claimants that the deceased was earning a sum of Rs. 150/ - per day as a mechanic, by fixing a sum of Rs. 15,000/ - as notional annual income of the deceased and by applying the multiplier 15, has awarded a sum of Rs. 2,25,000/ - as compensation under the head of loss of dependency. That apart, the Tribunal has awarded a sum of Rs. 5,000/ - for transportation & funeral expenses, Rs. 10,000/ - each for loss of love and affection to the claimants. Thus, the Tribunal has passed an award for a total sum of Rs. 2,50,000/ - as compensation. Being dissatisfied with the same, the present appeal has been filed by the claimant seeking enhancement.