A PALANISAMY Vs. R MURUGESAN

JUDGEMENT

(1.) THE appeal has been preferred by the claimant aggrieved by the award of Rs.1, 01,000/- as against the claim of Rs.3, 50,000/-. Inspite of service of notice on the respondent no one appeared on behalf of the respondent and hence this court decides to dispose the case on merits with available materials on record.

(2.) THE case of the claimant was that his father Arumugam was riding a by-cycle on 2.5.1991, which was hit by a car driven by the first respondent in rash and negligent manner. As a result of the accident his father Arumugam sustained injuries and died. Hence the claimant filed the claim petition to the tune of Rs.3, 50,000/- and the same was resisted by the third respondent-Insurance Company.

(3.) AS rightly contended by the counsel for the appellant, the Tribunal fixed the monthly income of the deceased at Rs.2000/-and after deducting 2/3 it took only Rs.800/- as monthly contribution to the family. The annual contribution was arrived as Rs.800 X 12= Rs.9600/-. The loss of income is Rs.96, 000/- X 15 multiplier = Rs.1, 44,000/-. The Tribunal further deducted 1/3 towards unexpected expenses and uncertainty of life. After deducting 1/3 from Rs.1, 44,000/- only a sum of Rs.96, 000/- was awarded towards loss of income.