NEW INDIA ASSURANCE CO LTD Vs. T VIJAYA

JUDGEMENT

(1.) Compensation of Rs.17,91,000/- has been awarded in respect of the death of 50 year old person, by name, Mr.D.Thulasingam @ Duraisingam in favour of the wife, sons and daughter respectively. Challenging the liability as well as quantum, the appellant / 2nd respondent has filed the appeal. The claimants have also filed Cross Objection under Order 41 Rule 22, challenging the award as grossly inadequate.

(2.) The specific contention raised is that when documentary evidence has been let in through Ex.Ps.14, 15 and 17, showing that the deceased had been earning a sum of Rs.16,000/- per month by doing embroidery work, the Claims Tribunal is not right in fixing the income at Rs.10,000/-. If the monthly income is fixed at Rs.16,000/- and if 30% is added towards future prospects, the monthly income would be Rs.20,800/-.

(3.) Fixing the income of the deceased at Rs.10,000/- adding 30% towards future prospectus and deducting 1/4 and applying multiplier of 13, the loss of dependency has been calculated at Rs.15,21,000/- The breakup details of the award on other heads including pecuniary loss reads as under: <FRM>JUDGEMENT_613_LAWS(MAD)2_2018_1.html</FRM>