C. RAYAR Vs. ANDHRA PRADESH STATE ROAD TRANSPORT

JUDGEMENT

(1.) This appeal by the claimants is for enhancement of compensation.

(2.) On 21.5.2005, in a road accident, one Sebasthiammal lost her life. Her husband and children claimed compensation. The deceased was doing embroidery work. She was self-employed. The Tribunal took Rs. 3,000 as her monthly income, deducted '/3rd from it and totally awarded them Rs. 3,72,000.

(3.) The learned counsel for the appellants contended thatthe deceased earned more than Rs. 9,000 per month from her profession. The learned counsel cited Sanosh Devi v. National Insurance Co. Ltd., 2012 ACJ 1428) and submitted that 30 per cent of her lost income shall be added as loss of future prospects. Further, as per Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298), when there are 4 dependants to the deceased, the deduction towards personal expenses should be '/4th from her income. However, the Tribunal had deducted '/3rd. Thus, the Tribunal has awarded very less compensation.