M JANAKI Vs. R RAVICHANDRAN

JUDGEMENT

(1.) The appellants are the legal heirs of the deceased in the road accident that took place on 31.01.2006. The first appellant is the wife of the deceased and the second and third appellants are the sons of the deceased. The deceased was employed as Divisional Engineer in B.S.N.L at Karaikudi. He was in receipt of a sum of Rs. 28,469/-, at the time of accident. He was 56 years old at that time. The appellants filed M.C.O.P. No. 574 of 2006, claiming compensation of Rs. 25 lakhs, before the Motor Accident Claims Tribunal-cum-Principal District Munsif Court, Madurai. The Tribunal passed an award, dated 18.12.2006, granting Rs. 7,80,000/- as compensation with 7.5% interest and costs. The appeal is preferred by the claimants seeking enhancement of compensation to further sum of Rs. 10 lakhs.

(2.) Though notice was served on the respondents, they did not choose to appear before this Court and contest the matter and both the respondents remained absent. The appeal is taken up for final disposal in their absence. Heard the submissions made by the learned Counsel for the appellants and perused the records.

(3.) The learned Counsel for the appellants submits that there is no dispute over the monthly earnings of the deceased. The Tribunal held that as per Ex.P11, the deceased was getting Rs. 28,469/- as monthly gross salary. However his net salary was Rs. 17,557/-. The Tribunal committed error in taking the net salary for computing the compensation. Here again, it is submitted that after deducting one third amount towards personal expenses, the Tribunal worked out the monthly loss of dependency to Rs. 11,705/-. However, Rs. 8000/- was taken as the monthly loss of dependency. The reason for taking Rs. 8000/- was that the deceased had only four years of service and thereafter, he could reach the age of superannuation. According to him, it could not be a valid reason to take Rs. 8000/- as loss of monthly dependency. He further submits that as per the decision of the Honourable Supreme Court in National Insurance Company Limited v. Indira Srivastava and Ors.,2008 1 TNMAC 166 , the gross salary has to be taken for computing compensation.