TNSTC LTD Vs. SELVI

JUDGEMENT

(1.) THE Transport corporation has filed this appeal challenging the award dated 05.04.2007 passed in M.C.O.P.No,257 of 2005 on the file of Motor Accident Claims Tribunal (Subordinate Judge) Gudiyatham, Vellore District.

(2.) THE matter was listed on 12.12.2009 for admission and was adjourned at the request of the learned counsel for the appellant and in the meanwhile, the respondent/ claimants entered appearance through counsel. THEy have also filed an application for withdrawal of the amount as per the order of the Tribunal. At request of both sides, the appeal itself is taken up for final disposal.

(3.) IN the present appeal also, there is no dispute with regard to the compensation. The only contention raised is with regard to the fixation of income. According to the oral evidence, the income of the deceased was Rs.4,000/-p.m. The tribunal fixed the income of the deceased at Rs.3,000/- p.m. After deducting 1/3rd, the Tribunal fixed the total contribution to dependents at Rs.24,000/- p.a. Based on the age of the deceased 25 years as per the post mortem certificate Ex.P3 and the wife, who is said to be 24 years, the Tribunal adopted 18 multiplier and determined the loss of pecuniary benefits in a sum of Rs.4,32,000/-. IN addition, the Tribunal also granted compensation on conventional heads. IN all, the Tribunal granted the following amount as compensation with interest at the rate of 6% p.a. Table