KUMARI Vs. KRISHNAN

JUDGEMENT

(1.) The claimants mainly challenges the quantum of compensation awarded to them.

(2.) Mr.A.A.Venkatesan, learned counsel for the appellants contended that there are four dependents to the deceased, but the Tribunal had deducted 1/3 from the income of the deceased. Ex.P.8 salary certificate mentions the gross salary, but the Tribunal had taken only net salary. For loss of future prospects, 30% of the salary of the deceased is to be added. But, this was not done. The learned counsel cited New India Assurance Co. Ltd. Vs. Gopali and Others, 2012 ACJ 2131 and submitted that in that case for loss of future prospects the Court added 100% of last salary of the deceased. The deceased was working in a three-star hotel and he was in receipt of tips at the rate of Rs.300/- daily and that has been completely ignored. No compensation was granted to appellants 2 to 4 for loss of love and affection of the deceased. Very less compensation has been given to the 1st appellant for loss of consortium.

(3.) On the other hand, Mr.D.Bhaskaran, learned counsel for the Insurance Company contended that there are many uncertainties in the monthly income of the deceased. Tips is an example of this. There is no clear-cut information about the exact salary of the deceased. Considering the relevant factors and evidence adduced, the Tribunal had awarded them proper compensation. Gopali is not applicable to the facts of this case.