ABITHA Vs. MUNIRAJ

JUDGEMENT

(1.) The appeal has been filed against the quantum of compensation awarded by the Tribunal vide order dtd. 29/9/2022 in MCOP.No.01 of 2021

(2.) The learned counsel for the appellant would submit that on 18/12/2020, when one Rajasekaran was riding his motor cycle at Kalkeni Street, Periyaathukurichi Village, a van belongs to 1st respondent bearing Registration No.TN-78-A-9033 came in a rash and negligent manner and dashed against him and another Van belongs to 2nd respondent bearing Registration No.TN-11-S9673 came and dashed behind the aforesaid Van of the 1st respondent. Due to the said accident, the said Rajasekaran was died on the spot. Considering all the aspects the Tribunal had awarded the following compensation:

(3.) Further, he would submit that after working in abroad for nearly 6 years, the said Rajasekaran came to India only for marriage purpose and he planned to return to abroad, due to which he had renewed his passport. In abroad, he worked as a Fitter in a Private Company and earned a sum of Rs.50,000.00 per month. However, without considering the said aspect, the Tribunal had fixed the notional income of the deceased as a sum of Rs.9,000.00, which is on lower side. He would also submit that the compensation awarded towards loss of love and affection, for a sum of Rs.40,000.00 for 4 claimants, is too low and no amount was awarded towards the loss of estate and transportation. Hence, he would request this Court to re-determine the compensation awarded by the Tribunal.