MUTHULAKSHMI Vs. PALANICHAMY

JUDGEMENT

(1.) It is a case of fatal. The manner of the accident is not in dispute. The Tribunal has awarded a sum of Rs.3,84,000/- towards loss of dependency, Rs.10,000/- towards loss of consortium, Rs. 20,000/- towards loss of love and affection, Rs.5,000/- towards funeral expenses and Rs.2,500/- towards loss of estate. The Tribunal has directed the first respondent / owner of the vehicle to pay the entire compensation amount with 7.5% interest per annum from the date of petition till the date of realization. The appellant / claimant has filed this appeal questioning the liability and also seeking to enhance the quantum of compensation.

(2.) It is seen that the the total compensation comes to only Rs. 4,21,500/-, but the Tribunal has calculated the total compensation amount as Rs.4,24,000/-.

(3.) The learned counsel appearing for the appellants / claimants would submit that at the time of the accident, the deceased was aged about 46 years. Before the accident, the deceased was working as a loadman and earning a sum of Rs.9,000/-. But, the Tribunal has taken only Rs.3,000/- as the notional monthly 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, reported in 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 monthly income of the deceased. He would further submit that future prospects 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 25% in the monthly income of the deceased.