S.VIJAYA Vs. K.KARTHIKEYAN

JUDGEMENT

(1.) The first appellant is the wife and the second appellant is the mother of the deceased, who filed a claim petition before the Tribunal, claiming a sum of Rs.15,00,000/- as compensation, in respect of the death of the deceased- Govindarajan. The deceased, aged about 58 years, retired as Postal Assistant and doing business in real estate earning a sum of Rs.30,000/- per month, died in an accident that took place on 04.11.2008. When he was driving a motorcycle bearing Registration No.TN-49-Z-9074, he was hit by a van bearing Registration No.TN-49- V-3364 and he died on the spot. Alleging loss of dependency and loss of love and affection, the claimants filed a claim petition.

(2.) The Tribunal awarded a sum of Rs.85,000/- as compensation with interest at 7.5% p.a., from the date of petition, as per the following break-up details:- <FRM>JUDGEMENT_2028_TLMAD0_2012_1.html</FRM>

(3.) While considering the claim for loss of dependency, the Tribunal gave a reasoning that the deceased had been receiving 100% pension benefit out of which 70% of the pension benefit is received by the family as family pension and the balance of 30% has to be deducted towards personal expenses of the deceased, and therefore, there was no loss of income to the family and hence, there is no basis to award compensation for loss of dependency. Whether this finding of the Tribunal is justified or sustainable is the issue to be decided.