SUMA NARAYANAPPA Vs. MANAGING DIRECTOR CPC CO LTD

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) HEARD, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.

(3.) THE deceased was aged about 32 years at the time of his death in the accident as evident from the post-mortem report Ex.P-4. THE claimants are his wife, three minor children and mother. THE claimants in support of their contention that the deceased was doing tailoring and earning a sum of Rs.4,500/- per month except examining the first claimant as PW-1, have not produced any other documents. THErefore, considering his age as 32 years and year of accident as 1997, his income assessed by the Tribunal at Rs.4,000/- per month is just and proper. Even excluding the father of the deceased who died during the pendency of the appeal, there are five claimants and therefore l/4th of the income of the deceased has to be deducted towards his personal expenses. THE multiplier applicable to his age group is 16. THErefore, the 'loss of dependency' works out to Rs.5,76,000/- (4,000 x 3/4 x 16 x 12) and it is awarded as against Rs.4,80,000/-awarded by the Tribunal.