PATTANI ROWTHAR Vs. SEENI ISSATHEEN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimants aggrieved over the inadequacy of compensation and praying for enhancement of compensation.

(2.) As against the claim made for a sum of Rs.10 Lakhs, in respect of death of the wife of the first petitioner and the mother of petitioners 2 to 5, the claims Tribunal has awarded a sum of Rs.2,30,400/ as compensation. The Tribunal quantified the compensation by taking the monthly income of the deceased at Rs.2,100/-, and deducting a sum of Rs.700/- towards personal expenses, the monthly contribution/dependency has been taken at Rs.1,400/-. Adopting the multiplier '13', the Tribunal has quantified the loss of dependency at Rs.2,18,400/- (Rs.1,400x12x13). Awarding a sum of Rs.10,000/- towards loss of love and affection and Rs.2,000/- towards funeral expenses, the total amount has been quantified at Rs.2,30,400/-. Contending that the quantum of compensation allowed is a disgrace as well as injustice to the claimants, this appeal has been filed.

(3.) The learned counsel for the appellants submitted that the Tribunal has taken the age of the deceased at 50, but as per Ex.P.3, the age of the deceased was 47 and the Tribunal should have taken the age of the deceased only as 47.