N VIJAYAN Vs. STATE OF A P

JUDGEMENT

(1.) CHALLENGING the award dated 09.03.2006 in O.P.No.1820 of 2003 passed by the Chairman, M.A.C.T -cum -II Additional Metropolitan Sessions JudgeXVI Additional Chief Judge, Hyderabad (for short the Tribunal), the claimants preferred the instant appeal.

(2.) THE factual matrix of the case is thus:

(3.) A ) Criticizing the compensation as low and unjust, learned counsel for appellants firstly argued that the Tribunal, despite the cogent evidence in respect of the part time employment and earnings of the deceased, erred in holding that the deceased was a non -earning member and taking his notional income as Rs.15,000/ - p.a. Learned counsel would submit that the deceased was a B.Com Graduate and pursuing Web Designing course in NIIT, Hyderabad and further he was working as a part -time D.T.P Operator in G.S. Graphics, Himayatnagar, Hyderabad and earning Rs.4,000/ - p.m and so he had bright future but for the ill -fate. Considering his educational qualifications and future prospects, the Tribunal ought to have fixed his monthly income as atleast Rs.10,000/ - to Rs.12,000/ -. In this regard, he relied upon the following decisions: