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2013 Supreme(Mad) 1586

P.DEVADASS
C. Rayar – Appellant
Versus
Andhra Pradesh State Road Transport Corpn. rep. by its Managing Director – Respondent


Advocates Appeared:
For the Appellants:Mohan Choudary, Advocate.
For the Respondent:M. Sriram, Advocate.

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 ha







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