A. JOTHI Vs. R. GANESAN

JUDGEMENT

(1.) The legal representatives, who are the daughters of the deceased victim in a road accident have come forward with this appeal seeking enhancement of compensation awarded in MCOP.No.3468 of 2006 on the file of the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.

(2.) One Mangala Mary was knocked down by a speeding auto rickshaw bearing registration No.TN04-E-7938 on the night of 03.06.2006 at about 10.30 p.m. She was immediately taken to Santhosh Hospital, Besant Nagar, Chennai, from where she was shifted to Government General Hospital, Chennai, where she died on the following day i.e., 04.06.2006.

(3.) Mangala Mary was aged 63 years at the relevant time and she was receiving a sum of Rs.3,028.00 per month as her pension, besides a family pension of Rs.2,373.00 as widow of her husband. On various heads including loss of support to the family her dependence, Mangala Mary's two daughters have preferred a claim petition for Rs.4,00,000.00, against which, the Tribunal had awarded Rs.1,00,000.00. On the second limb of the claim namely loss to the estate of the deceased which the Tribunal assessed notionally by resorting to the annual notional income as suggested in second schedule to the Motor Vehicle Act and has applied multiplier of 5, that commensurate with the age of the deceased as per the second schedule. The amount claimed by the appellants and the amount awarded by the Tribunal under various heads is tabulated below: