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1994 Supreme(Mad) 1010

S.S.SUBRAMANI, SRINIVASAN
Tata Engineering and Locomotive Company Limited and Another – Appellant
Versus
Vasanthi Alias Anantha Lakshmi and Others – Respondent


Appearing Advocates:K. S. Narasimhan, V. S. R. Hanu Babu, Advocates.

Judgment :-

There is no merit in this appeal. On the question of negligence, there is overwhelming evidence adduced by the claimants which has not been contradicted by any evidence on the side of the appellants. Hence the finding of the tribunal on the question of negligence is accepted.

2. The deceased was aged about 30. He was employed in the Postal Department. The salary certificate is produced according to which he was getting a sum of Rs. 1, 357/- p.m. He would have certainly continued in service upto 58 but for his untimely death. He had left his wife aged about 28, who is the first claimant and minor son the second claimant. Besides, the parents of the deceased have been impleaded as respondents 3 and 4 in the claim petition.

3. The Tribunal had taken the view that the deceased would have taken 1/3 of his salary for his personal expenses and given the balance to the family. On that footing, the Tribunal has arrived at a figure of Rs. 11, 500/- p.a. as contribution to the family. If the multiplier of 28 is adopted, the amount will be Rs. 3, 22, 000/- but the tribunal has chosen to give only Rs. 3, 00, 000/- in all and apportion the same among the Legal Representatives.

4. The tr


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