SUDHA TRANSPORT MADURAI Vs. SHANMUGHAVADIVU

JUDGEMENT

(1.) RESPONDENTS 1 to 4 in R. C. O. P. No. 421 of 1984 on the file of the Motor Accidents. Claims Tribunal (IV Additional Subordinate Judge), madurai, have preferred this Civil Miscellaneous Appeal against the compensation of Rs. 3,50,160 (with interest at 9 per cent per annum from the date of the petition till realisation), awarded by the said tribunal (in respect of the death of Thirunavukarasu in the motor accident that took place on 6. 3. 1984, in favour of the respondents herein, who are widow, child, father and mother of the said deceased. The accident took place due to the collision between the bus, whose owner is the 1st appellant and a lorry, whose owner is the 2nd appellant. The other appellants are the respective insurance companies.

(2.) LEARNED counsel for the appellants restricted his argument only to the quantum of compensation awarded. No doubt, as against this appeal, the above said claimants- respondents have preferred cross-objection claim Rs. 2,49,840, additional compensation of (which has been disallowed by the tribunal below ).

(3.) FURTHER, we must also state that it cannot be concluded that he would be getting earnings only upto the age of 58. Even assuming that he might have to retire at the age of 58, it can be said, taking into account the normal life expectancy of even 65 to 70 years, that he could earn something decent, though not very much, even after the age of 58, particularly taking into account his educational qualification and the experience he would have gained in working in the above said spinning mill, as stated above.