LAWS(MAD)-2016-9-118

MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, CUDDALORE Vs. GOVINDAMMAL; VALARMATHY; MALARKODI; SAKUNTHALA; PACHAMMAL; MINOR SHARMILLA; MINOR SALA; MINOR HEMALATHA

Decided On September 26, 2016
Managing Director, Tamilnadu State Transport Corporation, Cuddalore Appellant
V/S
Govindammal; Valarmathy; Malarkodi; Sakunthala; Pachammal; Minor Sharmilla; Minor Sala; Minor Hemalatha Respondents

JUDGEMENT

(1.) At the outset, Mr.P.Paramasivadoss, learned counsel for the transport corporation submitted that the quantum of compensation of Rs.15,23,000/- awarded to the legal representatives of the deceased with interest, at the rate of 7.5% per annum from date of claim till deposit and on default to deposit within 60 days, penal interest of 9%, is the only challenge in this appeal, on the grounds inter alia that a sum of Rs.10,000/- ought not to have been taken as the monthly income of the deceased without any evidence. It is also his contention that the tribunal ought not to have applied '11' multiplier for the purpose of computing loss of contribution to the family. Submission of the learned counsel is placed on record. In the light of the above, there is no need to advert to other aspects.

(2.) In the accident, which occurred on 17.12.2013, Govindan, breadwinner of the respondents/claimants died. According to claimants, the deceased was doing business in selling Mangoes, Coconut and vegetables and earned Rs.20,000/- per month. However, no document was filed. He is survived by two wives, three major daughters and three minor daughters, aged about 14, 6 and 3 years, respectively.

(3.) Having regard, to the number of dependants, the tribunal fixed Rs.10,000/- as the monthly income. To provide food, shelter, clothing, education and other basic necessities to the abovesaid dependants, including three minor children, one may require a reasonable income. Even taking for granted that the deceased was living in his own house, there are some inevitable expenses, such as Electricity charges, water tax, transportation etc.