C. Rayar v. Andhra Pradesh State Road Transport Corpn. rep. by its Managing Director
2013-04-10
P.DEVADASS
body2013
DigiLaw.ai
JUDGMENT This appeal by claimants is for enhancement of compensation. 2. On 21.05.2005, in a road accident, one Sebasthiammal, lost her life. Her husband and children claimed compensation. The deceased was doing embroidery work. She was self-employed. The Tribunal took Rs.3,000/-as her monthly income. Deducted 1/3rd from it. And totally awarded them Rs.3,72,000/-. 3. The learned counsel for the appellants contended that the deceased earned more than Rs.9,000/- per month from her profession. The learned counsel cited SANTOSH DEVI Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS [2012 ACJ 1428], and submitted that 30% of her lost income shall be added as loss of future prospectus. Further, as per SARALA VERMA AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (2) TN MAC 1 (SC)], when there are 4 dependents to the deceased, the deduction towards pleasure and other expenses should be 1/4th from her income. However, the Tribunal had deducted 1/3rd. Thus, the Tribunal has awarded very less compensation. 4. On the other hand, the learned counsel for the respondent contended that Rs.3,000/-per month has been taken without proper materials. They were awarded huge compensation. 5. I have considered the rival submissions. Perused the materials on record and the impugned award of the Tribunal. 6. The Tribunal fixed the age of the deceased at the time of her death at 46. It was not disputed. The evidence of P.Ws.1 and 2 shows that the deceased was doing embroidery work. It is an highly skilled work. It is hand work. She mostly catered to the needs of ladies. P.W.1 stated that the deceased earned not less than Rs.9,000/-a month. P.W.2, a resident of the locality also gave corroborative evidence. The deceased carried out her such profession in Chennai. Considering the above aspects, Rs.3,000/-per month is on the lower side. In the facts and circumstances, we make it Rs.4,500/- p.m. 7. In SARALA VERMA AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (2) TN MAC 1 (SC)], the Hon'ble Apex Court held that for loss of future prospects/increase in salary or wages, income due to pay revision, increment etc., 30% of last income is to be added, but it was restricted it to Govt. employees and employees of public sector undertakings. Subsequently, in SANTOSH DEVI Vs. NATIONAL INSURANCE CO. LTD.
employees and employees of public sector undertakings. Subsequently, in SANTOSH DEVI Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS [2012 ACJ 1428], the Hon'ble Supreme Court extended this benefit to the dependents of deceased, who were employed in private sectors, even self-employed persons. It is pertinent to not that in SANTOSH DEVI (supra), the deceased was running a dairy farm and was a self-employed person. In the case before us, the deceased was doing embroidery work and was a self employed person. The principle laid down in SANTOSH DEVI (supra) squarely applies to the present case. 8. The Tribunal deducted 1/3 from the income of the deceased towards her pleasure and other expenses. In SMT. SARALA VERMA (supra),it was held that when there are four dependents, this deduction should be ¼. So, in this case, the deduction should be at ¼. 9. At the time of accident, the deceased was 46 years old. The Tribunal adopted the multiplier 13'. As per SMT. SARALA VERMA (supra), it is same. 10. Now, calculating on the above lines, loss of dependency comes to Rs.6,84,450/-(Rs.4,500/- + 30% = 5,850/- - Rs.1462.50 (1/4) = 4387.50 x 12 x 13). In other aspects, we are not interfering with the award of the Tribunal. 11. In the result, this appeal is allowed in part. The amount awarded by the Tribunal is modified. The appellants are awarded a total compensation of Rs.7,44,450/- with 7.5% interest p.a. from the date of filing the claim petition till deposit. Within 4 weeks from the date of receipt of a copy of this Judgment, the respondent shall deposit the entire compensation amount, less amount, if any, already deposited. On such deposit, appellants 1 to 3 shall be paid their share of amount as allocated by the Tribunal. The minors' amounts shall continue to be in Bank deposit up to their 18 years of age. The accrued interest thereon shall be regularly paid to their mother and guardian/first appellant. No costs.