PONNAMMAL Vs. R.ANAND

JUDGEMENT

(1.) The claimants are the legal heirs of one Nachimuthu @ Nachimuthu Gounder, who died in a road accident that took place on 03.06.2007. He, at the relevant time was riding his TVS-50 bearing Registration No.TN-33-A-5466, when a Toyota Qualis LMV bearing Registration No.TN-30B-7681, belonging to the second respondent and driven by the first respondent, dashed against him and owing to multiple injuries that he suffered, he presumably died on the way to the hospital.

(2.) On various heads, the claimants made a consolidated claim of Rs.4,00,000.00, whereas the Tribunal has passed an award for Rs.92,000.00.

(3.) Learned counsel for the appellants submitted that the deceased Nachimuthu @ Nachimuthu Gounder possessed agricultural lands, was engaged in coconut business and also in milk vending business. Adding further he would submit that the Tribunal has fixed the income of the deceased notionally at Rs.2,000.00 per month, which is unrealistic if the different avocations in which the deceased was engaged in is taken into consideration. He also added that the Tribunal was unduly parsimonious in granting compensation on the head of loss of love and affection for the children, loss of consortium to the widow and compensation awarded on all these heads need interference and accordingly the compensation awarded deserves a just and fair enhancement.