RENGAMMAL Vs. V PANEERSELVAM

JUDGEMENT

(1.) BEING aggrieved with the award of compensation of Rs.1,25,272/-, claimants " wife and daughters of deceased Nachimuthu have filed this appeal seeking for enhancement of compensation for the death of Nachimuthu in a road traffic accident on 25.06.1999.

(2.) BRIEF facts which are necessary for disposal of this appeal are as follows:- The deceased was working as Driver in State Transport Corporation. On 25.06.1999 at about 1.00 a.m., the Corporation bus in which he was duty Driver broke down and he was watching the repair done to the bus. At that time, the lorry bearing Registration No.TN 28 A 8199 which came from Dharmapuri in a rash and negligent manner dashed against the bus and caused heavy damage to it. Due to the accident, the deceased Nachimuthu sustained fatal injuries and he died on the spot.

(3.) CHALLENGING the quantum of compensation, the learned Counsel for the Appellant claimants submitted that the Tribunal erred in taking the take home salary of the deceased was only Rs.2,958/-. It was submitted that the deceased was getting salary of Rs.6,841/- at the time of death and that he was entitled to various other benefits such as Bonus, LTA and other allowances, which have not been taken note of by the Tribunal. The learned Counsel for the claimants further submitted that in any event, the Tribunal ought to have taken the gross salary as monthly income of the deceased and seeks for enhancement of compensation on that score.