JUDGMENT : 1. These Civil Miscellaneous Appeals have been filed against the order, dated 05.07.2013 in M.C.O.P.Nos.201 & 202 of 2012 passed by the learned Motor Accident Claims Tribunal, Subordinate Judge, Vedasanthur. 2. It is a case of fatal accident, which took place on 13.11.2011 morning at 09.45 a.m., Vedasandur to Usilampatti Road, V.Ammapatti, near the house of Pazhanisamy, south north road, the 1st claimant Vadivel stopped the two wheeler TVS XL bearing Regn. No.TN-AC-5524 on the left side of the mud road with his wife the deceased Santhana Lakshmi and talked with one knowing person. At that time, a Bolero vehicle bearing Regn. No.TN-45-AZ-9148 belongs to the 1st respondent herein drove its driver with rash and negligent manner and dashed against the 1st claimant vehicle. The 1st claimant and the deceased Santhanalakshmi thrown away. Due to the said accident, the Santhanalakshmi died on the spot and the 1st claimant sustained injuries. 3. The husband of the deceased/1st claimant has filed petitions in M.C.O.P. Nos.201 & 202 of 2012 on the file of the learned Motor Accident Claims Tribunal/Subordinate Judge, Vedasanthur, seeking compensation. 4. Before the Tribunal, on the side of the claimants two witnesses were examined as P.Ws.1 & 2 and marked nine documents as Exs.P.1 to P.9 and R.W.1 was examined and Ex.R.1 was marked on the side of the insurance company. 5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the insurance company and also on appreciating the evidences on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the 1st respondent herein and also fixed contributory negligence and directed the appellant/insurance company is liable to pay 50% of the award amount in both the claim petitions. 6. Heard Mr.A.Hariharan, learned counsel appearing for the appellants and Mr.J.S.Murali, learned counsel appearing for 2nd respondent/insurance company. 7. The claimants have filed M.C.O.P.Nos.201 & 202 of 2012 on the file of the learned Motor Accident Claims Tribunal/Subordinate Judge, Vedachandur to claim compensation for the injuries sustained in an accident on 13.11.2011 at 09.45 a.m. The tribunal has awarded compensation in both the petitions and due to contributory negligence the insurance company is liable to pay 50% of the award amount. Aggrieved by the aforesaid order, the claimants have preferred this Civil Miscellaneous Appeal. 8. Aggrieved by the aforesaid order, the claimants have preferred this Civil Miscellaneous Appeal. 8. As per appeal ground the deceased was working as a Mill Collie and earned a sum of Rs.10,000/-p.m., as her monthly income. But, the tribunal has fixed a sum of Rs.3,500/-p.m. as monthly income. The tribunal ought to have fixed a sum of Rs.10,000/-p.m. as her monthly income. 9. But, there is no document was filed to prove that the deceased was working as a Coolie and earned a sum of Rs.10,000/-p.m. and hence, the tribunal has fixed a sum of Rs.3,500/-p.m. as monthly income based on the Judgment reported in 2009 4 LW 223 , in the case of National Insurance Company Limited Vs. Minor Deepika and Others. 10. Further for future prospectus no amount was awarded. This Court is not inclined to grant future prospectus for Housewife in some cases. 11. The relevant paragraph No.5 of the Judgment of the Hon'ble Supreme Court in Civil Appeal Nos.19-20 of 2021, Kirti and another Vs. Oriental Insurance Company Limited, is extracted hereunder: “26.In India the courts have recognised that the contribution made by the wife to the house is invaluable and cannot be computed in terms of money. The gratuitous serviced rendered by the wife with true love and affection to the children and her husband and managing the household affairs cannot be equated with the services rendered by others. A wife/mother does not work by the clock. She is in the constant attendance of the family throughout the day and night unless she is employed and is required to attend the employer's work for particular hours. She takes care of all the requirements of the husband and children including cooking of food, washing of clothes, etc. she teaches small children and provides invaluable guidance to them for their future life. A housekeeper or maidservant can do the household work, such as cooking food, washing clothes and utensils, keeping the house clean, etc., but she can never be a substitute for a wife/mother who renders selfless service to her husband and children.” 12. At the time of accident, the deceased was aged about 20 years. Taken as self employed 40% of future prospectus to be added. So, monthly income Rs.3,500/- + 40% is = Rs.4,900/- 1/3 to be deduced for personal expenses 4900-1633=3267 @ Rs.3,270/-p.m. 13. At the time of accident, the deceased was aged about 20 years. Taken as self employed 40% of future prospectus to be added. So, monthly income Rs.3,500/- + 40% is = Rs.4,900/- 1/3 to be deduced for personal expenses 4900-1633=3267 @ Rs.3,270/-p.m. 13. Therefore, loss of income Rs.3,270/- x 12 x 18 = 7,06,320/-. 14. Future 50% liability fixed on the driver (1st appellant herein) of two wheeler in which the deceased was a pillion rider. During the course of evidence, the 1st appellant admitted that due to a hen suddenly crossed the road his two wheeler fell down and the insured vehicle clashed his two wheeler. So, the tribunal has correctly fixed 50% negligent on the driver of the two wheeler. In C.M.A.(MD)No.1305 of 2014 15. At the time of accident, the 1st claimant was aged about 27 years. In the accident, he sustained three fractures and caused 50% permanent disability. The tribunal has fixed Rs.2,000/-per percentage of permanent disability. But, the tribunal ought to have enhanced to Rs.3,000/-per percentage. 16. For pain and suffering the tribunal has awarded only a sum of Rs.15,000/-. Since the claimant Vadivel has sustained three fractures and also conducted three surgeries. Therefore, it must be enhanced to Rs.50,000/-. 17. For future medical expenses, the tribunal has awarded only a sum of Rs.6,000/-. Future medical expenses is enhanced to Rs.12,000/-to remove metal and screw from the body of the claimant. 18. Finally, C.M.A.(MD)No.1304 of 2014 is partly allowed and the claim is enhanced to Rs.7,41,320/-from Rs.5,39,000/-. The 2nd respondent /insurance company is liable to pay 50% of Rs.7,41,320/-. The insurance company is directed to deposit the enhanced amount within a period of four weeks from the date of receipt of copy of the order. The 1st claimant is entitled for Rs.1,70,660/-with 7.5% interest and the 2nd claimant is entitled to Rs.2,00,000/-with 7.5% interest. The award amount of the minor claimant is to be deposited in anyone of the nationalised bank till she attains majority. In other aspects, the award passed by the tribunal is confirmed. The insurance company is directed to deposit the enhanced award amount within a period of four weeks. If any excess amount deposited, the appellant/insurance company is permitted to withdraw the excess award amount. After depositing the award amount, the claimant is entitled to withdraw the award amount. No Costs. 19. The insurance company is directed to deposit the enhanced award amount within a period of four weeks. If any excess amount deposited, the appellant/insurance company is permitted to withdraw the excess award amount. After depositing the award amount, the claimant is entitled to withdraw the award amount. No Costs. 19. C.M.A.(MD)No.1305 of 2014 is partly allowed and the claim is enhanced to Rs.2,32,500/-from Rs.1,42,500/-. The 2nd respondent /insurance company is liable to pay 50% of the award amount as Rs.1,16,250/-. In other aspects, the award passed by the tribunal is confirmed. The insurance company is directed to deposit the enhanced award amount within a period of four weeks, from the date of receipt of copy of the order. If any excess amount deposited, the appellant/insurance company is permitted to withdraw the excess award amount. After depositing the award amount, the claimant is entitled to withdraw the award amount. No Costs.