C VEERAMA KALI @ VEERAMMAL Vs. D KING NICKSON

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants / claimants and the learned counsel appearing for the respondents.

(2.) It is a case of fatal. The manner of the accident is not in dispute. The Tribunal has awarded a sum of Rs. 5,75,000/- as compensation. This appeal has been filed by the appellants / claimants seeking to enhance the quantum of compensation awarded by the Tribunal.

(3.) The learned counsel appearing for the appellants / claimants would submit that though the deceased was earning a sum of Rs. 10,000/- p.m. by running a grocery shop, the Tribunal has taken only Rs. 4,500/- as the monthly notional income of the deceased and it is on the lower side. By relying upon the decision of the Hon'ble Supreme Court in Syed Sadiq and others Vs. Divisional Manager, United India Insurance Company Limited, (2014) ACJ 627, the learned counsel for the appellants / claimants requested this Court to fix a sum of Rs. 6,500/- p.m. as the notional income of the deceased. He would further submit that the future prospects also has not been added in the monthly income of the deceased by the Tribunal. He would further submit that though the Tribunal has taken into account Ex.P3 ? School Transfer Certificate of the deceased for fixing the age of the deceased, it has erroneously calculated the age of the deceased as 32 instead of 28 years and the Tribunal has erroneously adopted multiplier No.13, based on the age of the mother of the deceased and as per the age of the deceased, multiplier No.17 ought to have been adopted by the Tribunal. Thus, he prayed to enhance the award amount by fixing the notional income of the deceased as Rs. 6,500/- p.m., adding future prospects 40% in the monthly income of the deceased and adopting multiplier No.17.