SICILY AND ORS. Vs. SECRETARY, MINISTRY OF POSTS AND TELEGRAPH, CENTRAL SECRETARIAT, GOVT. OF INDIA, NEW DELHI AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the claimants in O.P. (MV).No.197 of 2009 of the Motor Accidents Claims Tribunal, Ernakulam, being aggrieved by the compensation awarded by the Tribunal. They are wife and children of the deceased Varghese who died in a motor accident on 10.03.2007. Their claim was for an amount of Rs.12,45,000/- which was limited to Rs.10,00,000/-. It is contended that the deceased had undergone medical treatment for a long period, that is from 10.3.2007 to 18.04.2007. He was readmitted on 07.05.2007 and died while undergoing treatment 31.05.2007. The deceased at that time was working as an Office Assistant in a private business firm and was earning a monthly income of Rs.8,000/- at the time of the accident.

(2.) The Tribunal having considered the contentions awarded the amounts as under: <FRM>JUDGEMENT_238_LAWS(KER)4_2018_1.html</FRM>

(3.) The main contention urged by the learned counsel for the appellant is regarding the compensation towards loss of dependency. Perusal of the impugned award will show that the claimant was drawing a salary of Rs.4,200/- per month. It was found that, the case of the claimants that the deceased was regularly attending the private firm cannot be believed and therefore Rs.4,000/- was taken as monthly income for computation of loss of dependency and reducing 1/3rd of the same towards personal expenses, loss of dependency was worked out at Rs.4,16,000/-.