NAGAMMAL Vs. KALYANA SUNDARAM SERVAI

JUDGEMENT

(1.) THE Claim Made In Respect Of The Death Of The Deceased To The Extent Of Rs.10,00,000/- Was Decreed For A Sum Of Rs.3,63,296/-. Dissatisfied With The Award, The Legal Representatives Of The Deceased-Veeramani Has Filed The Appeal.

(2.) THE Deceased-Veeramani, Aged 49 Years, Employed As Head Constable And Earning A Sum Of Rs.9,000/- Per Month, Died In An Accident That Took Place On 23.02.2005. The Tribunal Has Awarded The Compensation As Per The Following Details:- Out Of The Above Amount Of Rs.4,54,120/-, The Tribunal Has Deducted 20% Towards Contributory Negligence Of The Deceased And Has Arrived At The Final Award To A Sum Of Rs.3,63,296/-, Payable With Interest At 7.5% P.A., From The Date Of Petition.

(3.) THE Contention Of The Claimants Is That The Deduction Of 1/3Rd Amount Towards Personal Expenses Is Not Correct When The Deceased Had To Maintain Four Dependents. This Contention Is Rightly Taken And The Deduction Ought To Have Been Only 1/4Th And Not 1/3Rd, Considering The Total Number Of Dependents. If 1/4Th Of The Amount Is Deducted, The Net Dependency Would Be Rs.8,065/-.