MADHAN Vs. ASSOCIATES ROAD CARRIERS LIMITED, COIMBATORE

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed challenging the judgment and decree dtd. 16/9/2019 in MCOP.No.752 of 2014.

(2.) The learned counsel for the claimant would submit that on 11/10/2013, while one Mangai was walking at Kamaraj Nagar Road Junction, a Lorry bearing Registration No.TN-39-AP-1197, came in a rash and negligent manner and dashed against her, due to which she was admitted at Government Dharmapuri Medical College Hospital and died during treatment on 18/11/2013. Considering all the aspects, the Tribunal had awarded the compensation in the following manner:

(3.) The learned counsel for the appellants would submit that due to the accident, which was occurred in the year 2013, the deceased was admitted in the Hospital till 18/11/2013 and thereafter she died. At the time of accident, the deceased, who was aged about 80 years old, was working as a milk-vendor. When such being the case, the Tribunal should have awarded a sum of Rs.9,000.00 as notional income of the deceased. However, only a sum of Rs.3,000.00 was fixed by the Tribunal as notional income and the same is too low. Hence, she requests this Court to enhance the same.