LAWS(KAR)-2011-7-14

DIVISIONAL CONROLLER Vs. B SUKAN RAJ

Decided On July 20, 2011
DIVISIONAL CONTROLLER, KSRTC, MYSORE Appellant
V/S
B.SUKAN RAJ Respondents

JUDGEMENT

(1.) THIS appeal is filed by the KSRTC against the judgment, and award dated 20.7.2010 in MVC No.29/2008 on the file of the MACT, Mysore questioning the quantum of compensation.

(2.) ON appreciation of the evidence on record, the Tribunal has awarded compensation of ?8,27,000/- with interest.

(3.) PW-1 has been cross-examined by the Corporation. In his Cross-examination, he has stated that the deceased was assisting in jewellery business. She was independent assessee of income tax. At undisputed point of time, she had paid income tax and shown her income. She was B.Com. graduate and also doing jewellery work. It cannot be said that she was not assisting in the business and contributing towards the same. Family has got jewellery business and her assistance and contribution towards the business could be estimated in terms of income and she was also income tax assessee. If she was earning such an income, there is no reason to doubt her income. Further, the Tribunal has given 50% deduction towards her personal expenses. In case of a woman, expenses cannot be 50%, as most of the wornen save money rather than spending the same. However, there is no appeal by the claimants. Taking these circumstances into consideration, I do not find any error in the quantum of compensation awarded by the Tribunal. Hence, no merit in the appeal. Accordingly, the appeal is dismissed. Amount in deposit is transmitted to the Tribunal. Appeal dismissed.