LAKSHMI AND ORS. Vs. SURESH BABU AND ORS.

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the claimants, aggrieved over the award of Rs. 3,27,000/ - passed by the Motor Accidents Claims Tribunal for the death of the 1st appellant's son, by name, Sekar, aged about 17 years, said to have been working as an agricultural coolie and lorry cleaner, in the accident, which occurred on 04.10.2006.

(2.) HEARD Mr. M.L. Ramesh, learned counsel for the appellants and Mrs. R. Sreevidhya, learned counsel for the 2nd respondent Insurance Company.

(3.) EVEN though a sum of Rs. 6000/ - was claimed as monthly income, the Tribunal took Rs. 4500/ - as his monthly income and deducted 50% towards " Personal Expenses" and arrived at Rs. 2250/ - as "Monthly Contribution to the family". Adopting multiplier 11, awarded a sum of Rs. 2,97,000/ - towards " Loss of Dependency" and totally, a sum of Rs. 3,47,000/ - was awarded as compensation, including other amounts towards "Funeral Expenses" and "Loss of love and affection". It is seen that the employer of the deceased was examined as P.W.3, who stated that he was paying a sum of Rs. 6000/ - to the deceased for his work. In the absence of any contra evidence and when the employer himself had deposed that the deceased was earning Rs. 6000/ - per month, the Tribunal ought to have taken Rs. 6000/ - as monthly income. That apart, the accident had occurred in 2008, during which time, it was impossible to get manual labour for less than Rs. 6000/ -. Therefore, the monthly income of the deceased is re -determined as Rs. 6000/ - which is also in consonance with the judgment of the Honourable Apex Court rendered in Syed Sadiq etc. v. Divisional Manager, United India Insurance Company Limited reported in : 2014 (1) TN MAC 459(SC). Since the deceased was aged about 17 years, as per Santosh Devi's case reported in : (2012) 6 SCC 421, 50% of the monthly salary has to be added towards "Future Prospects". Therefore, the total monthly income would be,