PANCHASARAM SINGH @ SARANGAN Vs. TMT. GIRIJA

JUDGEMENT

(1.) THIS appeal has been filed by the claimants praying for enhancement of compensation. The case of the claimants before the Tribunal is that the deceased -Nanbai, was aged 37 years, eking out her livelihood by making wire basket and wire garland braider, met with an accident on 22.6.2002 and died.

(2.) THE first claimant is the husband and the claimants 2 to 5 are the children of the deceased. They filed the petition claiming a sum of Rs.7,00,000/ - as compensation. It is the case of the claimants that the deceased was earning a sum of Rs.4,000/ - per month. It is averred in the petition that at about 11.00 p.m. on the night hours of 22.6.2002, when the deceased was engaged in her work making baskets etc., in front of her house at Balammal Colony, the vehicle bearing Registration No.TN -01/F5353 (Maruthi Car), driven in a rash and negligent manner, hit the deceased, due to which she died. The legal representatives of the deceased though quantified the loss and damages at Rs.24,66,500/ -, it restricted it to Rs.7,00 0000/ -.

(3.) ON a consideration of the oral and documentary evidence, the Claims Tribunal awarded a sum of Rs.1,86,000/ - as compensation, by taking the income of the deceased at Rs.1,000/ - per month and deducting a sum of Rs.250/ - towards personal expenses, the monthly dependency has been assessed at Rs.750/ -. Consequently, the annual dependency was estimated at Rs.9,000/ - and adopting a multiplier of '16', the total compensation was quantified at Rs.1,44,000/ -. Further the Tribunal awarded a sum of Rs.25,000/ - towards loss of love and affection, Rs.15,000/ - towards loss of consortium and a sum of Rs.2,000/ - towards funeral expenses. Thus, a total compensation of Rs.1,86,000/ - has been awarded.