LAWS(MAD)-2018-7-156

SEYADU SULAIMAN Vs. KANNAN

Decided On July 05, 2018
Seyadu Sulaiman Appellant
V/S
KANNAN Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants / claimants and the learned counsel appearing for the 2nd respondent / Insurance Company.

(2.) It is a case of fatal. The manner of the accident is not in dispute. This appeal has been filed by the appellants / claimants questioning the quantum.

(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 doing a job work (beedi rolling), the Tribunal has taken only Rs. 4,000/- 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. Thus, he prayed to enhance the award amount by fixing the notional income of the deceased as Rs. 6,500/- p.m. and adding future prospects 10% in the monthly income of the deceased.