JUDGMENT : R. Subbiah, J Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 28.02.2013 passed in M.A.C.T.O.P.No.341 of 2012 on the file of Motor Accident Claims Tribunal, The District Judge, Tiruvannamalai. 1. This matter is heard through Video-Conferencing. 2. For the sake of convenience, appellants herein are referred to as 'claimants' and second respondent herein is referred to as 'Insurance Company'. 3. Not being satisfied with the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 28.02.2013 passed in M.A.C.T.O.P.No.341 of 2012 on the file of Motor Accident Claims Tribunal, The District Judge, Tiruvannamalai, claimants have filed the present appeal. 4. The brief facts of the case are as follows: Claimants are parents and sisters of the deceased Tamilarasan. On 09.05.2012 the deceased Tamilarasan was riding pillion in a TVS Star Sport Two Wheeler bearing Registration No.TN-25-AA-9576. At about 12.30 p.m., while the two-wheeler was proceeding on the road opposite to Chengam Bus Stand, Chengam Road, Tiruvannamalai, a Lorry bearing Registration No.TN- 23-AE-2113 came in a rash and negligent manner and dashed against the two wheeler, as a result of which the rider and the deceased Tamilarasan died on the spot. At the time of accident, the deceased was studying 1st year M.A.Economics and also doing real estate business. Hence, claimants filed a claim petition seeking compensation in a sum of Rs.50,00,000/- for the death of the deceased Tamilarasan. 5. Resisting the claim made by claimants, the Insurance Company had filed a detailed counter statement inter alia contending that the accident had not occurred in the manner as projected by claimants. They have also denied the age, occupation and income of the deceased. Thus, they prayed for dismissal of the claim petition. 6. To prove their claim, on the side of claimants, 3 witnesses were examined and 12 documents were marked. On the side of Insurance Company, 2 witnesses were examined and 6 documents were marked. 7. Since the legal heirs of the rider of the two-wheeler had also filed a claim petition, a joint trial was conducted in the case. On appreciation of materials and the evidence on record, the Tribunal arrived at a finding that the accident had occurred due to the rash and negligent driving of the Lorry bearing Registration No.TN-23-AE-2113. 7. Since the legal heirs of the rider of the two-wheeler had also filed a claim petition, a joint trial was conducted in the case. On appreciation of materials and the evidence on record, the Tribunal arrived at a finding that the accident had occurred due to the rash and negligent driving of the Lorry bearing Registration No.TN-23-AE-2113. On coming to such a finding, the Tribunal directed the Insurance Company, as insurer of the offending vehicle, to pay compensation. The Tribunal awarded a sum of Rs.7,09,000/- as compensation. The break-up details are as follows: Sl. No. Compensation awarded under the head Amount (in Rs.) 1. Loss of earnings 6,48,000/- 2. Loss of love and affection 50,000/- 3. Funeral expenses and transport charges 10,000/- 4. Damage to clothes and articles 1,000/- Total 7,09,000/- The said sum was directed to be paid together with interest at 7.5% p.a. from the date of claim petition till the date of realisation. 8. When the matter is taken up for hearing, learned counsel for Insurance company has raised an objection with regard to maintainability of the appeal submitting that the Insurance Company had already filed two appeals in C.M.A.Nos.1198 and 1199 of 2014, one in respect of the award passed by the Tribunal in the claim petition filed by claimants and another in respect of the award passed by the Tribunal in the claim petition filed by the legal heirs of the deceased rider of the two-wheeler. Both the appeals were dismissed by the learned Single Judge under judgment dated 23.04.2014. The same will operate as res judicata to hear these appeals. 9. This Court finds that in the appeals filed by the Insurance Company, no notice was served on the respondents and the appeals were dismissed at the admission stage itself. Since the claimants herein have not been heard in the said appeals, the judgment passed therein will not operate as res judicata. Therefore, the objection raised by the Insurance Company is rejected. 10. Learned counsel for claimants submits that the Tribunal had fixed only a sum of Rs.4,500/- as the monthly income of the deceased, deducted 1/4 towards personal expenses, applied multiplier 16' and awarded a sum of Rs.6,48,000/- as compensation under the head 'loss of earnings'. Therefore, the objection raised by the Insurance Company is rejected. 10. Learned counsel for claimants submits that the Tribunal had fixed only a sum of Rs.4,500/- as the monthly income of the deceased, deducted 1/4 towards personal expenses, applied multiplier 16' and awarded a sum of Rs.6,48,000/- as compensation under the head 'loss of earnings'. The sum of Rs.4,500/- fixed by the Tribunal as the monthly income of the deceased is extremely on the lower side, which had resulted in awarding an inadequate amount of Rs.6,48,000/- as compensation under the head 'loss of earnings'. As the accident had occurred in the year 2012, the Tribunal could have fixed at least a sum of Rs.10,000/- as the monthly income of the deceased. Learned counsel further submits that the amount awarded under the other heads is also on the lower side. Thus, learned counsel prays this Court to enhance the compensation awarded by the Tribunal. 11. Per contra, learned counsel appearing for Insurance Company submits that the deceased was a student and absolutely no proof was produced to establish that the deceased was an earning person. In such circumstances, fixing of Rs.4,500/- as the monthly income of the deceased, by the Tribunal, cannot be found fault with. Learned counsel further submits that the award passed by the Tribunal is just and reasonable and the same does not require any interference by this Court. 12. This Court has considered the rival submissions and perused the materials on record. 13. Since only the quantum of compensation is challenged in the present appeal, this Court is not dealing with the other aspects of the award. 14. Considering the fact that the accident had occurred in the year 2012 and the cost of living prevailed at that point of time as also the qualification of the deceased, this Court is of the view that a sum of Rs.7,700/- would be fixed as the monthly income of the deceased, in the absence of any proof, to arrive at a just and reasonable compensation. Further, 40% is granted towards future prospects. As the deceased was aged 22 at the time of accident, the multiplier to be applied is 18'. Accordingly, the compensation awarded by the Tribunal under the head 'loss of earnings' is recalculated as follows: Monthly Income Rs. 7,700/- Add: Future Prospects 40% of Rs.7,700/- Rs. 3,080/- Rs. 10, 780/- Less: Personal expenses1/4 of Rs.10,780/- Rs. As the deceased was aged 22 at the time of accident, the multiplier to be applied is 18'. Accordingly, the compensation awarded by the Tribunal under the head 'loss of earnings' is recalculated as follows: Monthly Income Rs. 7,700/- Add: Future Prospects 40% of Rs.7,700/- Rs. 3,080/- Rs. 10, 780/- Less: Personal expenses1/4 of Rs.10,780/- Rs. 2,695/- Rs. 8,085/- Annual Income (8,085 * 12) Rs. 97,020/- Multiplier x 18 Loss of earnings Rs.17,46,360/- 15. This Court also finds that only a sum of Rs.50,000/- (10,000 * 5) was awarded towards loss of love and affection and the same is enhanced to Rs.2,00,000/- (40,000 * 5). The amount of Rs.10,000/- and Rs.1,000/- awarded under the heads 'funeral expenses and transport charges' and 'damage to clothes and articles' is also on the lower side and hence, the same is enhanced to Rs.30,000/- and Rs.5,000/- respectively. Further, a sum of Rs.15,000/- is awarded towards loss of estate. The award of the Tribunal in all other aspects is hereby confirmed. 16. Accordingly, the modified compensation payable would be: Sl. No. Compensation awarded under the head Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1. Loss of earnings 6,48,000/- 17,46,360/- 2. Loss of love and affection 50,000/- 2,00,000/- 3. Funeral expenses and transport charges 10,000/- 30,000/- 4. Damage to clothes and articles 1,000/- 5,000/- 5. Loss of estate - 15,000/- Total 7,09,000/- 19,96,360/- Rounded off to - 20,00,000/- In the result, the Civil Miscellaneous Appeal is partly allowed. The compensation of Rs.7,09,000/- awarded by the Tribunal is hereby enhanced to Rs.20,00,000/- [Rupees Twenty Lakhs only]. The Insurance Company is directed to deposit the enhanced compensation of Rs.20,00,000/-, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. On such deposit being made by Insurance Company, appellants 1 to 3/claimants are permitted to withdraw their respective shares, as apportioned by the Tribunal, along with accrued/proportionate interest and costs, less the amount, if any already withdrawn by them, by filing necessary application before the Tribunal. On such deposit being made by Insurance Company, appellants 1 to 3/claimants are permitted to withdraw their respective shares, as apportioned by the Tribunal, along with accrued/proportionate interest and costs, less the amount, if any already withdrawn by them, by filing necessary application before the Tribunal. The shares of appellants 4 and 5/minors shall be deposited in fixed deposit in any one of the nationalised bank, till they attain majority and first appellant, being their mother and natural guardian, is entitled to withdraw interest once in three months towards taking care of the minors. No costs.