P.SAKUNTHALA Vs. ORIENTAL INSURANCE CO.LTD

JUDGEMENT

(1.) THE Review petition is filed under Order 47 of Rules 1 and 2 r/w 114 of C.P.C., by the claimants to review the order made in C.M.A.No.1976 of 2003 dated 26.08.2010 passed by this Court.

(2.) THE claimants have filed a claim petition before the Tribunal, claiming compensation for the death of one Palanisamy, aged about 36 years at the time of accident. He was the proprietor of a Hosiery Unit at Thirupur. According to the claimants, he was earning a sum of Rs.3,00,000/-per annum. The claimants are wife, two minor children and parents of the deceased. A total sum of Rs.60,00,0000/- was claimed as compensation against the driver, owner and the Insurance Company of the lorry bearing registration No.TDQ-2854.

(3.) AS far as the compensation is concerned, elaborate oral and documentary evidences were let in to prove the income of the deceased. The Tribunal analyzed various documentary evidences for income and had applied the unit theory. But, however, fixed the annual income at Rs.4,14,278/-. After deducting 50% for personnel expenses, the loss of earning was fixed at Rs.3,64,278/- and multiplier "16 " was applied and arrived at a sum of Rs.58,28,448/- as loss of income of the deceased. It has also granted compensation to the other conventional heads and total sum of Rs.58,69,500/- with 9% interest per annum was granted as compensation.