Divisional Manager Oriental Insurance Company Limited, Madurai v. V. Pushpam
2015-02-13
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment :- 1. The only point that is canvassed in this appeal by the learned counsel for the appellant is that the deceased was a bachelor and aged about 18 years at the time of accident and hence, the Tribunal committed an error in deducting 1/3rd amount towards his personal expenses, instead, the Tribunal should have provided half of the income towards personal expenses. The Tribunal, in this case, arrived at Rs.3,500/- as monthly income of the deceased. Thereafter, the Tribunal deducted 1/3rd amount from the aforesaid amount towards personal expenses and based on the rest of the amount, the compensation was arrived at Rs.4,20,000/- for loss of earning adopting the multiplier method. 2. According to the appellant, the Tribunal ought to have deducted 50% of the amount from the monthly earnings towards personal expenses and accordingly, the compensation could have been arrived. 3. On the other hand, the learned counsel for the claimants has submitted that there is no need to interfere with the award of the Tribunal, since there are more dependants, there is no infirmity in providing 1/3rd deduction towards personal expenses. He has strenuously contended that the deceased was aged 18 years and his monthly income was taken as Rs.3,500/- by the Tribunal. However, no document was not produced to prove the income of the deceased. He has further submitted that in those circumstances, the monthly income shall be taken as Rs.6,000/-. Therefore, he has submitted that there no need to interference with the award. 4. I have heard the submissions made by either side. 5. It is not in dispute that the deceased person was aged 18 years. It is also not in dispute that the income of the deceased was not proved. It is also not in dispute that the Tribunal took Rs.3,500/- as monthly earnings of the deceased person. 6. The Tribunal awarded compensation under various heads as follows: (i) Loss of income 3500x12x15x2/3 : Rs.4,20,000.00 (ii) Loss of Love and affection : Rs. 40,000.00 (iii) Funeral Expenses : Rs. 5,000.00 (iv) Damages to clothes : Rs. 500.00 (v) Transport : Rs. 500.00 Total : Rs.4,66,000.00 Since there are more dependants of the deceased, I am not inclined to provide deduction ½ of the earnings towards personal expenses. In my view, there is no infirmity in the award.
40,000.00 (iii) Funeral Expenses : Rs. 5,000.00 (iv) Damages to clothes : Rs. 500.00 (v) Transport : Rs. 500.00 Total : Rs.4,66,000.00 Since there are more dependants of the deceased, I am not inclined to provide deduction ½ of the earnings towards personal expenses. In my view, there is no infirmity in the award. Therefore, I am not inclined to interfere with the award and to reduce the compensation, since, I fully agree with the submissions made by the learned counsel for the claimants. 7.In such circumstances, I do not find any reason to interfere with the award. Accordingly, the appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The claimants are permitted to withdraw award amount deposited before the Tribunal with proportionate interest and costs, deducting the amount that was already withdrawn by the claimants, if any.