GNANAM SANTHANAM Vs. SATHYALAKSHMI ENTERPRISES

JUDGEMENT

(1.) THE claimants not satisfied with the quantum fixed by the tribunal, filed the above petition claiming enhanced compensation. The great musician in Carnatic called Maharajapuram santhanam died in the accident held on 24. 6. 1992. On the date of accident he was 67 years old. It is stated in the petition that he was on the peak period in the field of carnatic music at the time of accident. The wife and children of the said deceased filed a claim petition claiming compensation of rs. 50,00,000. The Tribunal taking into consideration of Exh. P-7, the income tax report, fixed the net income at Rs. 1,72,648 and after deducting 1/3rd arrived at the compensation of Rs. 7,10,600 taking six years as multiplier. Not satisfied with the amount awarded, the above appeal is filed.

(2.) LEARNED senior counsel appearing for the appellants submitted that the Tribunal is not correct in taking into consideration the income mentioned in Exh. P-7 alone without considering the scope for increase in his income as the deceased was in peak period in the field. He has also stated that in spite of the evidence available on record, the Tribunal has fixed the multiplier only at 6 years, which should be at least 13 years.

(3.) THE learned counsel for the respondents submitted that since the Tribunal has arrived at the net income only on the basis of the income tax return, the question of increasing the income as suggested by the learned senior counsel does not arise. Even with respect to the multiplier adopted by the Tribunal, learned counsel for the respondents submitted that in the absence of any evidence that the deceased would have lived till the age of 80, the learned Tribunal is correct in adopting the multiplier of 6.