T N GEORGE Vs. ANNA JACOB

JUDGEMENT

(1.) In this appeal the owner and insurer challenge the claim with regard to quantum of compensation payable in respect of the accident which took place at 7.00 a.m. on 8.11.1986 resulting in the death of Chacko Mathew who was the predecessor of the petitioners who are respondent Nos. 1 to 6 in this appeal.

(2.) The deceased was aged 65 years at the time of the accident. The court below passed an award for Rs. 74,750 out of which Rs. 72,000 was towards the loss of earnings for the dependants on the assumption that the victim would have survived with earning capacity for another 10 years and would have set apart at least Rs. 600 per mensem out of his income of Rs. 900 per mensem derived from a petty business in hill-produce.

(3.) According to the learned counsel for the appellants, the multiplier adopted in the case and the multiplicand are both incorrect. It is pointed out that there was no reliable evidence to conclude that the victim was having income at the rate of Rs. 900 per mensem as concluded by the court below. The other contention of the appellants is that the children of the deceased were of the age ranging from 28 to 40 years and that they are not actually dependants of the deceased.