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12.Not being satisfied with the amounts awarded by the Tribunal in the award dated 09.12.2021, made in M.C.O.P.No.1323 of 2019, the claimants have come out with an appeal in C.M.A.No.1408 of 2022.

13.The learned counsel appearing for the 2nd respondent-Insurance Company contended that the accident occurred due to rash and negligent driving by the deceased. The Tribunal erroneously fixed negligence on the part of the driver of the lorry belonging to 1st respondent. The Tribunal rightly applied split multiplier, but failed to consider the evidence of P.W.3, who was the Senior Vice President in Human Resource Department that petitioner was not in pensionary service. The Tribunal erred in deducting 50% of the salary of the deceased and wrongly applied multiplier '9'. The compensation granted by the Tribunal for loss of consortium and total compensation awarded are excessive and prayed for dismissal of C.M.A.No.1408 of 2022 filed by the claimants and for setting aside the award of the Tribunal.

https://www.mhc.tn.gov.in/judis  C.M.A.Nos.1110 & 1408 of 2022

14.The learned counsel appearing for claimants submitted that accident occurred only due to rash and negligent driving by the driver of the lorry belonging to 1st respondent. The claimants proved their case by examining P.W.2 – eye-witness and by marking FIR as Ex.P1 and filed Motor Vehicle Inspector's report to show the damages caused to the scooter driven by the deceased. The learned counsel appearing for the claimants further submitted that the deceased was getting a salary of Rs.1,42,932/- per month, but the Tribunal erroneously fixed the salary of the deceased at Rs.1,23,816/-. The deceased was in a permanent job with prospects of getting promotion as General Manager and increase in salary. The Tribunal failed to grant 30% enhancement for future prospects. The Tribunal failed to consider that salary of the deceased at Rs.1,42,932/- per month is only after deduction of Income Tax. The Tribunal erred in applying split multiplier. As per the judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], the age of the deceased is the basis for adopting multiplier method. The learned counsel appearing for the claimants further submitted that the Hon'ble Apex Court in the judgment reported in (2022) 5 SCC 107 [R.Valli and https://www.mhc.tn.gov.in/judis C.M.A.Nos.1110 & 1408 of 2022 others Vs. Tamil Nadu State Transport Corporation Ltd.], following the judgment reported in 2017 (2) TNMAC 609 (SC), cited supra, held that method of determination of compensation by applying two multipliers is erroneous and contrary to the judgments of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC) and 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another] and prayed for dismissal of C.M.A.No.1110 of 2022 filed by the 2nd respondent-Insurance Company, setting aside the split multiplier adopted and for enhancement of compensation.

17(i). The deceased was aged 51 years at the time of accident and was working as Deputy General Manager-ERP at Chemplast Sanmar Limited, Corporate Office at Door No.9, Cathedral Road, Chennai – 600 086, which is a permanent job. The Tribunal did not grant any enhancement towards future prospects. As per the judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], the claimants are entitled to 15% enhancement towards future prospects. The contention of the learned counsel appearing for the 2nd respondent- Insurance Company that the Tribunal ought to have applied split multiplier of 7+4 instead of 7+9 and claimants are not entitled to compensation by calculating 50% of monthly income for remaining 4 years is not acceptable, in view of the judgment of the Hon'ble Apex Court reported in (2022) 5 SCC 107, cited supra. The Hon'ble Apex Court in the said judgment held that multiplier applicable is based on the age of the deceased. In view of the judgment of the Hon'ble Apex Court referred to above, the split multiplier applied by the Tribunal is set aside. The claimants are entitled to compensation by applying multiplier '11'. https://www.mhc.tn.gov.in/judis  C.M.A.Nos.1110 & 1408 of 2022 The monthly income of the deceased is fixed at Rs.1,15,232/- (Rs.1,42,932/- – Rs.27,700/-) after deducting Rs.27,700/- granted for conveyance allowance. The deceased is liable to pay Income Tax for the said amount. Thus, the calculation for arriving annual income is as follows :-