JEEVA AND ORS. Vs. SARASWATHY AND ORS.

JUDGEMENT

(1.) ARISING out of an accident, two claim petitions were filed and the Tribunal passed the common award. Not satisfied with the quantum of compensation, the claimants have filed these appeals for enhancement of compensation. Since the issue in both the appeals is common, both the appeals are heard together and a common judgment is passed.

(2.) THAT on 06.10.2011 one Velkumar rode a motor cycle bearing registration No. TN -72 -AB -7157 seating one Veerapandiaraja as pillion. While they were proceeding on Tiruchendur -Kanyakumari Beach road, a Omni Van bearing registration No. TN -38 -AZ -5523 owned by the 1st respondent insured with the second respondent insurance company hit the motor cycle resulting in the death of both the rider as well as the pillion on the spot. Legal representatives of the rider and pillion filed MCOP. Nos. 1339 and 1341 of 2011 on the file of Motor Accident Claims Tribunal, (IV Additional District Court), Tirunelveli, and the Tribunal by a common judgment dated 13.08.2012, awarded compensation of Rs. 6,40,000/ - and Rs. 5,75,000/ - respectively, with interest @ 8% per annum under the following heads: - - <IMG>JUDGEMENT_343_LAWS(MAD)3_2015.jpg</IMG> <IMG>JUDGEMENT_343_LAWS(MAD)3_12015.jpg</IMG>

(3.) THE learned counsel for the appellants in both the appeals submitted that the Tribunal erred in fixing the monthly income of the deceased in both the cases at Rs. 4,000/ -, when the claimants claimed that the deceased in both the cases as Driver and Grocery and Fancy Shop owner respectively, earned Rs. 15,000/ - and Rs. 23,000/ - per month respectively. Therefore, he submitted that the monthly income of the deceased in both the cases could be fixed at Rs. 6,000/ -. In support of his contention, he relied on a Division Bench judgment of this Court in M. Sengabagam v. V. Vinod Kumar,, 2013 (2) TN MAC 450 (DB).