MANAGING DIRECTOR Vs. KASTHURI

JUDGEMENT

(1.) AGGRIEVED by the quantum of compensation awarded by the Tribunal, the Transport Corporation directed C.M.A.No.2368 of 2009 and the claimants have directed Cross Objection No.3 of 2010.

(2.) ON 11.09.2005, in a road accident, one Ellamuthu died. Claimants are his dependents. The Tribunal totally awarded them Rs.2,60,000.00.

(3.) ON the other hand, the learned counsel for the claimants/ Cross objectors contended that the deceased was a Mason and he would have earned a minimum of Rs.4,500.00 p.m. Further, as per SANTOSH DEVI Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS [2012 ACJ 1428], even a self employed person is entitled to compensation for loss of future prospects. Further, as per SMT.SARALA VERMA AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (2) TN MAC 1 (SC)], the multiplier should be '9'. But, the Tribunal had adopted only '7'. Further, for loss of love and affection of the deceased and for loss of consortium proper compensation was not awarded. On the whole only lesser compensation has been granted.