ORIENTAL INSURANCE COMPANY LIMITED Vs. MARIAM SHANTHI DAVID

JUDGEMENT

(1.) The deceased, Idikullah Philip, aged 45 years, employed as Plant Manager, MRF Limited, earning a sum of Rs.22,758/-, died in an accident that took place on 19.10.1994. The wife, son and mother claimed a sum of Rs.63,50,000/- in MCOP No.174 of 1995 (at Vellore), which was re-numbered as MCOP No.2377 of 2000 (at Chennai). The Tribunal awarded a sum of Rs.22,44,871/- as compensation.

(2.) The details of the award are as follows:- <FRM>JUDGEMENT_2046_TLMAD0_2013.htm</FRM>

(3.) While assessing loss of dependency, the Tribunal has considered Exs.P-8 and P-10. Under Ex.P-10, in the returns filed before the Income-Tax Authorities, the annual income of the deceased has been shown as Rs.96,768/- and the monthly income would be Rs.8,064/-. Under Ex.P-8 the monthly income of the deceased is Rs.15,950/-, which includes the salary of Rs.8,150/- and allowances. While arriving at loss of dependency, the annual income has been taken at Rs.1,13,200/- and deducting 1/3rd towards personal expenses i.e., 37,733/-, the annual dependency has been taken at Rs.75,467/-. Adding a sum of Rs.93,600/- as allowance total dependency is taken at Rs.1,69,067/-. Adopting multiplier of '13' loss of dependency has been fixed at Rs.21,97,871/-.