VEERU MAHADESWARI Vs. JOB S/O THOMAS

JUDGEMENT

(1.) THE legal heirs of a coolie by name Kalimuthu, who lost his life in a road traffic accident which was caused by the negligence of the 2nd respondent the driver of a bus duly insured with the 3rd respondent Insurance Company, complain that they did not receive adequate compensation at the hands of the Motor Accidents Claims Tribunal for the death of Kalimuthu. They claimed a total compensation of Rs. 7 lakhs against which the learned Tribunal has awarded only Rs.2,43,000/-. It is urged in the memorandum of appeal that there is gross inadequacy in the compensation awarded by the Tribunal under various heads.

(2.) WE have heard the submissions of Smt.M.Manju learned counsel for the appellants and those of Sri. A.R.George learned standing counsel for the Insurance Company.

(3.) HAVING considered the submissions addressed at the Bar, we are of the view that there is some inadequacy in the compensation awarded by the learned Tribunal to the appellants. The deceased Kalimuthu was admittedly a coolie. The accident occurred in the year 2004. We are of the view that the Tribunal could have adopted Rs.2,500/- as the monthly income of the deceased. When dependency compensation is recalculated adopting the revised multiplicand and correct multiplier and making the deductions correctly made by the learned Tribunal, the dependency compensation will stand enhanced by Rs.1,52,000/-. We therefore, award Rs.1,52,000/- more to the appellants towards compensation for dependency.