VARADAMMAL Vs. METROPOLITAN TRANSPORT CORPORATION LIMITED

JUDGEMENT

(1.) This appeal is filed by the claimants/legal representatives of the deceased Kandaswami against the award dated 2.3.1994 passed by the Motor Accidents Claims Tribunal (Chief Judge-in-charge), Madras in MCOP.No.2822 of 1990.

(2.) According to the claimants, Kandaswami was running Sri Saravana Agencies and dealing in Typewriters, Colour Television etc. He was aged about 24 on the date of the accident viz., 14.6.1990. The claimants are his mother, father, widowed sister and her children. They filed petition for compensation claiming Rs.6 lakhs. To prove the claim, the claimants examined four witnesses and marked Exs.P1 to P12. On the side of the respondent, one witness has been examined. Considering the oral and documentary evidence produced, the Tribunal found that the respondent's driver was guilty of negligence and hence awarded the compensation of Rs.80,000/-. Aggrieved by this, the claimants have preferred this appeal.

(3.) Learned counsel appearing for the claimants submitted that the Tribunal has arrived at a conclusion that the deceased would have earned Rs.5,000/- per month though it held that the claimants did not produce any documentary evidence to prove the income. Even assuming that he would have earned Rs.5,000/- per month, the contribution to the family per year should be Rs.60,000/- and out of that, he would have definitely contributed Rs.40,000/- per year. So, we are of the view that the deceased would have contributed to the family for five more years, which comes to Rs.2,00,000/-. But, the Tribunal has applied the multiplier of 3, which is not correct.