KALAISELVI Vs. KALAIYARASI

JUDGEMENT

(1.) The appellants have filed this appeal to enhance the compensation awarded by the Motor Accident Claims Tribunal, Neyveli, (Sub Court, Neyveli) in MCOP No.9 of 2018, dtd. 29/1/2024.

(2.) The learned counsel for the appellants submits that the 1st appellant is the mother of the deceased and is challenging the award in respect of the proportionate share of the award amount. He further submits that though the parents of the deceased are entitled to an equal share along with the daughter-inlaw/petitioner in M.C.O.P. No.9 of 2018, the Tribunal has not apportioned the compensation equally. Therefore, the appellants have preferred this appeal challenging the said award. He also points out that the accident occurred in the year 2017, but the Tribunal fixed the notional monthly income of the deceased at Rs.13,000.00, which, according to the appellant, ought to be enhanced.

(3.) Considering the fact that the deceased was aged about 27 years at the time of the accident and that he died leaving behind his wife and parents, the Tribunal fixed compensation. Though it was stated that the deceased was employed in Annamalai University, no documentary proof of income or employment certificate was produced. Furthermore, before the accident, the deceased himself had filed H.M.O.P. No. 24 of 2017 before the Subordinate Court, Panruti, seeking divorce. During the pendency of the said proceedings, he met with an accident and died.