R RAJAMMAL Vs. K SENTHI

JUDGEMENT

(1.) Challenging the judgment and decree passed by the learned District Judge, Motor Accident Claims Tribunal, Karur, in M.C.O.P.No.151 of 2010, dated 15.10.2012, the instant appeal has been preferred by the appellants/claimants.

(2.) It is a case of fatal. The Tribunal awarded a compensation of Rs. 3,89,270/-, against which, the appellants/claimants have preferred this appeal for enhancement. According to the appellants, the deceased was doing agricultural work, earning about a sum of Rs. 2,00,000/- per year. In the absence of evidence for income, the learned Judge ought to have taken the monthly salary at Rs. 6000/-, by complying the judgment reported in 2012(1) TANMAC 829, but the tribunal has taken a sum of Rs. 15,000/- per year. Hence, the appellants preferred this appeal.

(3.) The learned counsel for the second respondent/insurance company would submit that the deceased was aged about 70 years at the time of accident and no evidence was adduced to prove his income. Hence, in the absence of proof of income, considering the age of the deceased, the tribunal has rightly assessed the income of the deceased to a sum of Rs. 15,000/- per year.