VALLI Vs. ARUMUGAM

JUDGEMENT

(1.) THE Claimants, who are the wife and three children of the deceased, are on appeal against the award of the Tribunal, dated 26.12.2005 made in M.C.O.P.No.345 of 2004. THE only question to be decided in this appeal is regarding the quantum of compensation.

(2.) CONSIDERING the rival contention and the plea of the counsel for appellant it is evident that the deceased was running a hotel and was aged about 37 years at the time of demise. His income was determined by the Tribunal at Rs.1,500/- p.m., which is quite low for the period of accident, i.e., 24.11.2004. The income determined by the Tribunal has to be modified in view of the decision rendered by a Division Bench in B. Anandhi Vs. R. Latha (2002 ACJ 233). Therefore, after deducting 1/3rd towards personal expenses, the income of the deceased can be fixed at Rs. 2000/-p.m. and accordingly, loss of annual dependency will be to Rs. 24,000/-. By adopting 16 multiplier, the total loss of income is arrived at Rs.3,84,000/- (Rs.24,000 x 16) as against Rs. 1,92,000/- determined by the Tribunal.

(3.) WITH the above modification, the civil miscellaneous petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. For Being Spoken To: 27/06/2008 This petition having been posted on this day (i.e on 27.6.08) for being spoken to in pursuance to the order of this court dt (3.4.2007) and made herein in the presence of the aforesaid advocate, the court made the following order: This matter is listed today under the caption for -being spoken to- 2. At the end of paragraph No. 4 of the order dated 3.4.2007, the following will be added:- -The minor Second and fourth appellant will be entitled to withdraw his share amount on his attaining majority.-