CHANDRALEKA Vs. KARUPPAIYAH

JUDGEMENT

(1.) In a freak accident that took place on 10/9/2012, a lorry driven in a reverse direction led to the death of certain Ramanujam who was standing behind the lorry helping him unloading the goods. Seeking compensation his widow, children and the mother of the victim had approached the Motor Accidents Claims Tribunal, Namakkal with M.C.O.P.No.1275 of 2018. The victim himsel was a driver and he was aged 38 years at the relevant time. For proving his income the claimants relied on Ex.P14, a certificate issued by the Manager of the Transport Company in which the victim was working. This certificate indicated that the victim was receiving Rs.20,000.00 as monthly salary. The Tribunal, however, did not reckon the same as it was neither formally proved nor was it back by any other evidence. The Tribunal thereafter relied on some of the authorities of the Hon'ble Supreme Court and also reckoned the inflation rate and fixed the monthly income of the victim notionally at Rs.11,077.00. After providing for the future prospects and deducting 1/4 towards his personal expenditure, the Tribunal determined total loss of dependency at Rs.20,93,616.00. After adding other conventional heads of compensation the Tribunal determined a total compensation payable at Rs.22,50,616.00, which it directed the owner of the lorry and the Insurance company to pay with interest at 7.5% per annum. The details of the award are as below:

(2.) Aggrieved by the perceived inadequacy of the sum awarded, the claimants are now before the Court with this appeal.

(3.) Heard both sides.