SMT. SUGANTHI, SELVAN SOWMIYA PARVEEN AND SELVAN SRIRAM Vs. NATIONAL INSURANCE CO. LTD. REPRESENTED BY ITS MANAGER AND SRI. MURUGAN

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 13.4.2011 passed in MVC No. 4678/2008 on the file of the Principal Motor Accident Claims Tribunal, Court of Small Causes, Bangalore. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 24,91,620/ - with interest at 6% p.a. from the date of petition till its realization, on account of the death of Sri C. Murugavel in the road traffic accident.

(2.) THE claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.

(3.) IT is the submission of the Sri. D.L. Suresh, learned counsel for the appellants at the outset that the Tribunal has erred in not assessing reasonable income of the deceased. The deceased was aged about 37 years. He was working as a Assistant Manager in a private limited company drawing a salary of Rs. 22,929/ - per month. He has placed reliance on the judgment of the apex Court in the case of Santosh Devi v. National Insurance Company Ltd. and Ors. reported in : 2012 AIR SCW 2892 and submitted that another 30% towards future prospects should be added to the income of the deceased out of which, by deducting income tax and professional tax and also after deducting 1/3rd towards personal expenses and by applying the appropriate multiplier of 15, the compensation towards loss of dependency and also conventional heads may be redetermined, by modifying the impugned judgment and award.