JOSEPH AND ORS. Vs. S. ATHIYAPPAN AND ORS.

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the claimants as against the quantum of compensation awarded by the Tribunal to the tune of Rs. 6,92,000/ - for the death of their son, by name, Savariraj @ Raja, aged about 25 years, alleged to be earning about Rs.10,000/ - per month as a Driver, in the accident, which occurred on 18.07.2011.

(2.) HEARD Mr.P. Anbarasan, learned counsel for the appellants and Mr.M.B. Raghavan, learned counsel for the 2nd respondent Insurance Company.

(3.) NO doubt, there is no believable evidence to come to the conclusion that the deceased was earning about Rs.12,000/ - per month. In any event, this Court, in the light of the judgment of the Honourable Apex Court rendered in Syed Sadiq and others V. Divisional Manager, United India Insurance Company Limited reported in : 2014 ACJ 627, wherein Rs.6500/ - was taken as the monthly income of a vegetable vendor, while calculating the compensation payable for the injuries sustained by him in the accident, which occurred in the year 2008 and after adding 50% of the monthly income towards Future Prospects?, a sum of Rs.9,750/ - was arrived at as total monthly income, this Court, determines Rs.10,000/ - as the monthly income of the deceased in the case on hand, instead of Rs.9,750/ - as determined by the Honourable Apex Court in the above cited case. Hence, Rs.10,000/ - is determined as the monthly income of the deceased.