JUDGMENT : Abdul Quddhose, J. Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in MCOP.No.286 of 2016 dated 14.08.2018 on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Tiruvallur at Poonamallee. 1. The instant appeal has been filed by the Insurance Company challenging the Judgment and decree dated 14.08.2019 passed by the Motor Accident Claims Tribunal, III Additional District Court, Tiruvallur at Poonamallee in MCOP.No.286 of 2016 Brief facts leading to the filing of the instant appeal: 2. A Tata Indica Car bearing registration No.TN20-CY-5798 owned by the fifth respondent and insured with the Appellant collided with a motor cycle bearing registration No. TN-10-AR-9490 on 06.03.2016 in which a person by name V.Rajaraman was riding. The said accident caused severe head injury, multiple rib fractures, scapular Fracture, Multiple and grievous injuries to V.Rajaraman which resulted in his death on 10.03.2016. The respondents 1 to 4 who are the dependents of the deceased preferred a claim before the Motor Accident Claims Tribunal for the death of Rajaraman seeking a compensation of Rs.1,10,50,000/- which was restricted to Rs.1,00,00,000/- by the claimants. 3. By an award dated 14.08.2018 in MCOP No.286 of 2016, the Motor Accident Claims Tribunal, III Additional District Court, Tiruvallur at Poonamallee partly allowed the claim petition and directed the Appellant to pay a sum of Rs.83,08,425/- together with interest at the rate of 7.5 % per annum from the date of claim till the date of realisation. 4. Aggrieved by the quantum of compensation as well as the adverse finding of negligence on the insured vehicle, the instant appeal has been filed by the Appellant-Insurance Company. 5. Heard Mr.R.Mohan Babu, learned counsel appearing for the Appellant and Mr.K.Varadha Kamaraj, learned counsel appearing for the respondents 1 to 4. 6. This Court has perused and examined the impugned award as well as the evidence and materials available on record. 7. Before the Tribunal, 21 documents were produced on the side of the respondents 1 to 4 which were marked as Ex.P1 to Ex.P21 and three witnesses were examined viz., PW1- Sasikala Devi, the wife of the deceased, PW2- A.Hilda, the employer of the deceased and PW3-Kathikeyan, an eye witness. On the side of the Appellant, no document was marked. 7. Before the Tribunal, 21 documents were produced on the side of the respondents 1 to 4 which were marked as Ex.P1 to Ex.P21 and three witnesses were examined viz., PW1- Sasikala Devi, the wife of the deceased, PW2- A.Hilda, the employer of the deceased and PW3-Kathikeyan, an eye witness. On the side of the Appellant, no document was marked. But only one witness was examined viz., RW1-Kurunthalingam, the legal manager of the 2nd respondent company). 8. Though FIR (Ex.P1) has been registered against the deceased, the charge sheet (Ex.P16) has been filed only against the driver of the insured car namely, Tata indica car bearing registration No.TN 20 CY 5798. No contra evidence has been produced by the Appellant insurance company to disprove the charge sheet filed by the Police. The Tribunal after considering the oral and documentary evidence available on record including Ex.P5- Postmortem Report and Ex.P16 – Charge Sheet, has rightly given a finding that the accident had happened only due to the rash and negligent driving by the driver of the insured Car. Therefore, the challenge by the Appellant to the said finding is unsustainable. 9. The deceased Rajaraman was working as Operations Manager in M/s Call Street Global Services at the time of the accident. His salary certificate was marked as Ex.P20. As per Ex.P20, the gross salary of the deceased Rajaraman for the month of February 2016 was Rs.46,200/- and after deductions his net salary was Rs.44,217/-. The Senior Manager of Call Street Global Services Ms. A.Hilda was examined as PW2 and has corroborated the salary certificate Ex.P20. The Tribunal has rightly fixed the monthly income of the deceased at the time of the accident at Rs.44,217/- based on Ex.P20 salary certificate which was corroborated by PW2. The deceased at the time of the accident was 36 years. The services of the deceased Rajaraman was confirmed by his employer with from 21.12.2015 as evidenced from Ex.P9 and considering the same, the Tribunal has rightly added 50% of his monthly income towards his future prospects and his total monthly income was rightly assessed at Rs.66,325/-. The deduction of income tax of Rs.86,706/- from and out of the annual income of Rs.7,95,900/- by the Tribunal is also correct. The deduction of income tax of Rs.86,706/- from and out of the annual income of Rs.7,95,900/- by the Tribunal is also correct. The deceased has left his wife, 2 minor sons and his mother as his dependents and therefore the deduction of 1/4th towards the personal and living expenses of the deceased if he was alive by the Tribunal is correct and in accordance with settled law. 10. The Tribunal has erroneously awarded higher compensation of Rs.1,00,000/- to each of the minor children namely, the second and third respondent herein and Rs.50,000/- to the fourth respondent, the mother towards loss of love and affection. As per the Constitution Bench judgment of the Hon’ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Shethi and Others reported in 2017 (16) SCC 680 , the minor children, wife and the mother are only entitled to Rs.40,000/- each towards loss of love and affection. Since the wife has already been compensated towards loss of love and affection by the Tribunal under the head “Loss of Consortium”, separate compensation cannot be granted for the wife under the head “Loss of Love and Affection”. For the foregoing reasons, the compensation awarded by the Tribunal under the head Loss of Love and Affection is reduced from Rs.2,50,000/- to Rs.1,20,000/- and the said amount is payable to the 2 minor children and the mother. The compensation awarded by the Tribunal under the head Loss of Consortium at Rs.40,000/- is undisturbed and is payable to the wife. 11. The Tribunal has awarded Rs.15,000/- towards loss of estate, Rs.10,000/- towards Transportation charges and Rs.15,000/- towards Funeral expenses which is in conformity with the decision of the Hon’ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Shethi and Others reported in 2017 (16) SCC 680 . 12. For the foregoing reasons, the amount awarded by the Tribunal is modified in the following manner: Heads Amount awarded by the tribunal Amount awarded by this Court Loss of dependency Rs.79,78,425/- (44,217+22,108=66,325 x 12 = 7,95,900 – 86,706 = 7,09,194 x ¼) Rs.79,78,425/- (44,217+22,108=66,325 x 12 = 7,95,900 – 86,706 = 7,09,194 x ¼) Loss of love and affection Rs.2,50,000/- Rs.1,20,000/- Loss of consortium Rs.40,000/- Rs.40,000/- Loss of estate Rs.15,000/- Rs.15,000/- Transport Charges Rs.10,000/- Rs.10,000/- Funeral Expenses Rs.15,000/- Rs.15,000/- Total Rs.83,08,425/- Rs.81,78,425/- 13. In the result, the appeal is partly allowed by modifying the award amount passed in MCOP.No.286 of 2016 by the Motor Accident Claims Tribunal, learned III Additional District Court, Tiruvallur at Poonamallee by assessing the total compensation at Rs.81,78,425/- Instead of Rs.83,08,425/-. However, the rate of interest awarded by the Tribunal at the rate of 7.5% per annum is confirmed. The Appellant-Insurance Company is directed to deposit the entire award amount as per the order of this court before the Tribunal along with interest and costs after deducting the amount, if any already deposited, to the credit of MCOP.No.286 of 2016 within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the first respondent is entitled to Rs.32,00,000/- together with the accrued interest and the second and third respondents are each entitled to Rs.20,00,000/- together with the accrued interest. The second and third respondents being minors, the respective shares of their compensation shall be deposited in an interest bearing fixed deposit in any Nationalized bank till the second and third respondents attain majority. However, the accrued interest under the fixed deposit shall be permitted to be withdrawn by the first respondent once in 6 months till the minors attain majority. The fourth respondent is entitled to a sum of Rs.8,78,425 together with the accrued interest. The Tribunal is directed to transfer the respective shares of the first and fourth respondents as per the directions given above through RTGS within a period of four weeks thereafter. No costs.