SELVI Vs. K. MOHAN

JUDGEMENT

(1.) Challenging the award dtd. 22/4/2013 made in MCOP.No.1814 of 2010 on the file of the Motor Accidents Claims Tribunal/VI Judge, Court of Small Causes, Chennai, the claimants have come up with the present appeal.

(2.) It is the case of the appellants/claimants that, on 28/3/2010 at about 06.00 hours, when the deceased Agalya was sitting at Megavannan Tea Stall, E.C.R.Road, Illayanthoppu, Kanchi District, at that time, a Omni Van bearing Regn.No.TN-51-T-9966, owned by the 1st respondent insured with the 2nd respondent driven by its driver which was proceeding from Pondicherry towards Chennai came in a rash and negligent manner and dashed against the deceased Agalya, due to which she sustained fatal injuries and died on the spot. Thereby, the appellants/claimants, who are the parent of the deceased Agalya filed a claim petition before the tribunal claiming a compensation of Rs.6,00,000.00. Before the Tribunal, the claimants examined two witnesses viz., P.W.1 and P.W.2 and marked exhibits P.1 to P.4 and on the side of the respondents no witnesses were examined and no documents were marked. After trial, the Tribunal, on appreciation of oral and documentary evidence, though came to a conclusion that the accident happened solely due to the rash and negligent driving on the part of the driver of the 1st respondent, however, awarded a meagre amount of Rs.2,95,000.00 towards compensation for the death of the deceased Agalya. Aggrieved by the same, the appellants have come up with this appeal.

(3.) Learned counsel for the appellants submitted that, the accident is of the year 2010 and at the time of accident, the minor deceased was aged about 5 years. However, the Tribunal had fixed the notional income of the minor deceased at Rs.15,000.00 per annum, which is on the lower side and the same requires to be re-considered by this Court. Further, the compensation awarded under the other heads are also on the lower side, which requires to be enhanced. Accordingly, he prays for appropriate enhancement in favour of the appellants.