GOVINDAMMA Vs. LOGAMMAL

JUDGEMENT

(1.) THE claimants are the appellants herein. THE claimants claimed a compensation of Rs.10,00,000/- but only a sum of Rs.2,04,000/- has been granted by the Tribunal.

(2.) THE claimants would contend that when the deceased was riding a bicycle on the road on 08.03.2004, at that time, a Vehicle viz., Tata Sumo bearing Registration No.T.N.04-E-3575, came in the opposite direction in a rash and negligent manner and dashed against the deceased and caused the accident. According to the claimants at the time of accident the deceased was aged 39 years and earning a sum of Rs.5,000/- as firewood vendor. THErefore, the claimants have claimed a compensation of Rs.10,00,000/-. THE learned counsel for the appellants contend that the Court below has fixed the income of the deceased only at a sum of Rs.1,500/- per month and deducted a sum of Rs.500/- as 1/3rd deduction towards personal expenses and thereby awarded only a sum of Rs.1,92,000/- (Rs.1000 x 12 x 16) onwards loss of earning, without taking into consideration the Supreme Court decision to the effect that minimum sum of Rs.3,000/- per month has to be fixed as fair and reasonable income even in the absence of income proof. Apart from that, for "love and affection" and for "loss of consortium" a very meager sum of Rs.5,000/-; for funeral expenses, a sum of Rs.2000/- and for loss of consortium a sum of Rs.5000/- has been granted. Aggrieved against the same, the claimants/appellants have come forward in this appeal.

(3.) AT the out set, it is pertinent to point out here that the Court below has taken the income of the deceased at Rs.1,500/- per month on the basis that no independent income certificate or oral evidence has been adduced by the claimants. But as per the latest decision of the Supreme Court reported in (National Insurance Company Limited Vs. Kimlibai & Others 2009 (5) CTC 187) even though there is no evidence available to prove the income of a person, there can be a presumption that a person can ordinarily earn a sum of Rs.100/- per day and a minimum income of Rs.3,000/- per month can safely be fixed. Therefore, this Court can safely arrive at a sum of Rs.3,000/- as monthly income of the deceased. After giving 1/3rd deduction towards personal expenses, the income can be arrived at a sum of Rs.2,000/- per month. By fixing a sum of Rs.2,000/- per month and taking into consideration the age of the deceased as 39 years, under Schedule II, the multiplier to be applied is "16" and if multiplier "16" is adopted, the total compensation can be arrived at Rs.3,84,000/- (Rs.2,000/- x 12 x 16 = Rs.3,84,000/-). Therefore, compensation of Rs.1,92,000/- granted by the Court below can safely be enhanced to Rs.3,84,000/-.