KUNCHE NAGESWARA RAO Vs. G. DAYANAND

JUDGEMENT

(1.) CHALLENGING the award dated 09.02.2005 in O.P.No.208 of 2002 passed by the Chairman, M.A.C.T -cum -VI Additional Metropolitan Sessions Judge, Secunderabad (for short ''the Tribunal ''., the claimants preferred the instant appeal.

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

(3.) A . Criticizing the award, learned counsel for appellant firstly argued that the Tribunal did not grant compensation for meeting funeral expenditure. b.   Secondly, he argued that the Tribunal erred in quantifying the household services of the deceased at Rs.10,000/ - p.a. He argued that in fact the deceased was doing saree business and earning Rs.3,000/ - p.m and so the Tribunal ought to have taken that amount for computation of loss of earnings. Even otherwise, in the case of LataWadhwa and others vs. State of Bihar and others (AIR 2001 SC 3218., the Supreme Court held that the services of a housewife in the age group of 34 to 59 years can be taken as Rs.36,000/ - p.a and hence the Tribunal ought to have accepted the services of the deceased at Rs.3,000/ - p.m. c. Thirdly, he argued that claimants are entitled to Rs.1,00,000/ - for loss of consortium basing on Rajesh and others vs. Rajbir Singh and others (2013 ACJ 1403. case. d. Finally, he argued that the interest at 6% p.a granted by the Tribunal was too low. He thus prayed to allow the appeal and grant just and reasonable compensation.