K VASANTHA Vs. VENUGOPAL ACHARI

JUDGEMENT

(1.) THE petitioners in O.P.No.4 of 1978 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Cuddalore, are the appellants in this appeal.

(2.) ONE Krishnamoorthi working as B Grade tinker in Tamil Nadu Small Scale Industries Engineering Workshop at Villupuram, was killed by lorry bearing registration No.TNF 6221, belonging to the second respondent driven by the first respondent on 18th May, 1977. The first appellant is the widow of the deceased Krishnamoorthi and appellants 2 to 4 are the minor daughters of the deceased. In the petition, the appellants claimed a total compensation of Rs.50,000. However, the Motor Accidents Claims Tribunal, Cuddalore, awarded a sum of Rs.4,000, and aggrieved by that order of the Motor Accidents Claims Tribunal, Cuddalore, this appeal has been filed for enhancement of the compensation.

(3.) THE next question will be whether the quantum of compensation given by the Tribunal was adequate and whether the Tribunal is justified in law in deducting the sum of Rs.10,000, received by the appellants towards the Family Benefit fund scheme and also the pension receivable by the appellants. THE Tribunal has found on facts that the deceased was getting a monthly salary of Rs.265.50 including allowance and out of which, the appellants would have got the benefit of Rs.160 per month. THE Tribunal has also found that the deceased was aged about 35 years at the time of death and he would have been in employment but for the death for a period of 23 years. Normally, the Tribunal would have calculated the lump sum payment taking into account the sum of Rs.160 as the basis but for the fact that the Tribunal thought that out of Rs.160, Rs.100 must be deducted towards the family pension scheme receivable by the appellants and therefore, the actual loss of dependants would be Rs.60 per month for a period of 23 years. On that basis, the Tribunal fixed the lump sum payment at Rs.14,000 and from that lump sum the Tribunal further deducted Rs.10,000 paid to the appellants towads Family Benefit Fund and therefore, fixed the net compensation at Rs.4,000.