LAWS(MAD)-2018-1-692

MANJULA Vs. N MANIMOZHI

Decided On January 11, 2018
MANJULA Appellant
V/S
N Manimozhi Respondents

JUDGEMENT

(1.) Questioning the quantum of compensation awarded by the Motor Accidents Claims Tribunal (IV Small Causes Court), Chennai, in and by award dated 28.04.2014 in M.C.O. P. No. 400 of 2012, the claimants have filed C.M.A. No. 3157 o f 2014 stating that the compensation is inadequate while the Insurance Company has filed C.M.A. No. 2313 of 2016 terming the said award as excessive.

(2.) Since the appeals have been filed questioning only the quantum of compensation, it is not necessary for this Court to traverse into other aspects of the award.

(3.) The case of the claimants before the Tribunal was that the deceased, by name, Pari, was working as Headmaster in Panchayat Union Middle School, Chithamur, Cheyyur Taluk, Kanchipuram District and earning a sum of Rs.35,000/- per month. In order to prove the income of the deceased, Ex-P10, Pay Certificate, Ex-P11 - Copy of Service Register of the deceased, Ex-P12 - Copy of Pan card as well as Ex-P15, last drawn salary particulars of the deceased, were marked. The Tribunal, by considering the said documents, fixed the monthly income of the deceased as Rs.26,840/- consisting of three components, namely, Basic Pay at Rs.21,040/-, Grade Pay a Rs.5400/- and HRA at Rs.400/- and after deducting one-fourth towards "Personal Expenses" of the deceased and adopting multiplier 13, arrived at Rs. 31,40,280/- towards "Loss of Pecuniary Benefits" besides awarding amounts under the other heads.