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2010 DIGILAW 3261 (MAD)

Govindamma v. Logammal

2010-08-02

B.RAJENDRAN

body2010
Judgment :- The claimants are the appellants herein. The claimants claimed a compensation of Rs.10,00,000/- but only a sum of Rs.2,04,000/- has been granted by the Tribunal. 2. The claimants would contend that when the deceased was riding a bicycle on the road on 08.03.2004, at that time, a Vehicle viz., Tata Sumo bearing Registration No.T.N.04-E-3575, came in the opposite direction in a rash and negligent manner and dashed against the deceased and caused the accident. According to the claimants at the time of accident the deceased was aged 39 years and earning a sum of Rs.5,000/-as firewood vendor. Therefore, the claimants have claimed a compensation of Rs.10,00,000/-. The learned counsel for the appellants contend that the Court below has fixed the income of the deceased only at a sum of Rs.1,500/- per month and deducted a sum of Rs.500/- as 1/3rd deduction towards personal expenses and thereby awarded only a sum of Rs.1,92,000/- (Rs.1000 x 12 x 16) onwards loss of earning, without taking into consideration the Supreme Court decision to the effect that minimum sum of Rs.3,000/- per month has to be fixed as fair and reasonable income even in the absence of income proof. Apart from that, for “love and affection” and for “loss of consortium” a very meager sum of Rs.5,000/-; for funeral expenses, a sum of Rs.2000/-and for loss of consortium a sum of Rs.5000/- has been granted. Aggrieved against the same, the claimants/appellants have come forward in this appeal. 3. The learned counsel for the respondent/Insurance Company has stated that there is no evidence at all to prove the income of the deceased that he was earning a sum of Rs.5,000/- per month. Therefore, the Court below has rightly fixed the income of the deceased at Rs.1,500/- and there is no discrepancy in the award. 4. Heard the learned counsel on either side. The short point for consideration in this appeal is whether the claimants are entitled to enhanced compensation or not. 5. At the out set, it is pertinent to point out here that the Court below has taken the income of the deceased at Rs.1,500/- per month on the basis that no independent income certificate or oral evidence has been adduced by the claimants. But as per the latest decision of the Supreme Court reported in (National Insurance Company Limited Vs. At the out set, it is pertinent to point out here that the Court below has taken the income of the deceased at Rs.1,500/- per month on the basis that no independent income certificate or oral evidence has been adduced by the claimants. But as per the latest decision of the Supreme Court reported in (National Insurance Company Limited Vs. Kimlibai & Others 2009 (5) CTC 187) even though there is no evidence available to prove the income of a person, there can be a presumption that a person can ordinarily earn a sum of Rs.100/- per day and a minimum income of Rs.3,000/- per month can safely be fixed. Therefore, this Court can safely arrive at a sum of Rs.3,000/- as monthly income of the deceased. After giving 1/3rd deduction towards personal expenses, the income can be arrived at a sum of Rs.2,000/- per month. By fixing a sum of Rs.2,000/-per month and taking into consideration the age of the deceased as 39 years, under Schedule II, the multiplier to be applied is “16” and if multiplier “16” is adopted, the total compensation can be arrived at Rs.3,84,000/- (Rs.2,000/- x 12 x 16 = Rs.3,84,000/-). Therefore, compensation of Rs.1,92,000/- granted by the Court below can safely be enhanced to Rs.3,84,000/-. 6. As far as the loss of consortium the Court below has granted only a sum of Rs.5,000/-, which can be enhanced to a sum of Rs.10,000/- for “love and affection” for three minor children, only a sum of Rs.5,000/- has been granted. It can be enhanced to Rs.5,000/- each totaling to a sum of Rs.15,000/-. 7. The Court below has not granted any amount towards transportation, therefore, a sum of Rs.5,000/- is awarded for transportation and for funeral expenses a sum of Rs.5,000/-. Thus, totally a sum of Rs.4,19,000/- will be the enhanced compensation payable to the claimants along with 7.5% interest from the date of petition till the date of deposit. 8. It is brought to the notice of this Court that the entire award amount has been deposited by the respondent/Insurance Company. The balance enhanced amount is directed to be deposited by the respondent/Insurance Company within a period of eight weeks from the date of receipt of a copy of this order. 8. It is brought to the notice of this Court that the entire award amount has been deposited by the respondent/Insurance Company. The balance enhanced amount is directed to be deposited by the respondent/Insurance Company within a period of eight weeks from the date of receipt of a copy of this order. As far as the minor share is concerned, it shall be deposited in any one of the Nationalised Banks till he attains majority and the accrued interest of the minor deposit can be withdrawn by the first appellant/guardian mother once in three months. 9. In the result, this Civil Miscellaneous Appeal is allowed. No costs.