MAHESWARI Vs. B. SHANTHI

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed challenging the judgment and decree dtd. 31/1/2023 in MCOP.No.4393 of 2017.

(2.) The learned counsel for the claimant would submit that on 9/12/2013 while the deceased was riding his motor cycle bearing Registration No.TN-21- AZ-4628 at GST Road, near Maduranthagam along with his wife and son, the car bearing Registration No.TN-07-BQ-9048 came in a rash and negligent manner and dashed against the deceased, due to which he was died on the spot. Considering all the aspects, the Tribunal had awarded the compensation in the following manner: <IMG>JUDGEMENT_448_LAWS(MAD)3_2024_1.jpg</IMG>

(3.) He would further submit that the deceased was working as a Lorry driver and was earning a sum of Rs.13,000.00, for which the proof has also been produced before the Tribunal. However, without considering the same, the Tribunal had fixed the notional income as a sum of Rs.9,000.00, hence, he requests this Court to enhance the same.