at the time of accident, the deceased Kulandavel @ Kunjupayan was aged 55 years, doing Agricultural and Real Estate business and was earning a sum of Rs.6,000/- per month. The claimants did not produce any document to prove the same. In the absence of any documentary evidence, the Tribunal fixed the notional income of the deceased Kulandavel @ Kunjupayan as Rs.3,000/- per month, at the rate of Rs.100/- per day. Considering the age and nature of work done by the deceased, the notional income fixed by the Tribunal is not meagre. The Tribunal failed to grant any enhancement towards future prospects. As per the judgment of the Hon'ble Apex Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs. Pranay Sethi and others], the claimants are entitled to 10% enhancement towards future prospects. There are four dependents of the deceased. The Tribunal though erroneously deducted a sum of Rs.850/- towards personal expenses of the deceased, without following the judgment of the Hon'ble Apex Court reported in 2017 (2) TN MAC 609 (SC) (referred to above), rightly applied the correct multiplier '11'. There are four dependents of the deceased. Hence, 1/4th has to be deducted towards personal expenses of the deceased. Thus, after granting 10% enhancement towards future prospects, deducting 1/4th towards personal expenses and applying multiplier '11', the amounts awarded by the Tribunal towards loss of dependency is modified to Rs.3,26,700/-{[Rs.3,000/- + Rs.300/- (10% of Rs.3,000/-)] x 12 x 11 x ¾}. The Tribunal has excessively awarded a sum of Rs.50,000/- towards loss of consortium to the 1st claimant/wife of the deceased and Rs.50,000/- each towards loss of love and affection to the claimants 2 to 4, who are the children of the deceased. In view of excessive amount granted by the Tribunal under the heads of loss of consortium and loss of love and affection, the claimants are not entitled to any amount towards loss of estate and the amount granted towards funeral expenses is not interfered with. The amounts awarded by the Tribunal under the head, transportation is just and reasonable and hence, the same is hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:
