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2016 Supreme(Mad) 3355

T.RAJA
Palaniammal – Appellant
Versus
S. Ravikumar – Respondent


Advocates Appeared:
For the Appellants : Mr. A.A. Venkatesan.
For the Respondents: Mr. T. Ravichandran.

JUDGMENT :

The appellants, being the claimants, having lost their breadwinner at the age of 35 years in the accident that took place on 8.1.2007 at about 8.00 A.M., aggrieved by the impugned award dated 17.7.2013 passed in M.C.O.P.No.1753 of 2007 by the Motor Accident Claims Tribunal, I Additional District Judge, Salem awarding a sum of Rs.4,29,000/- with interest at the rate of 7.5% per annum, have brought this appeal for enhancement of the compensation.

2. Learned counsel for the appellants/claimants submitted that when the breadwinner of the claimants' family was working as a Power loom Supervisor and earning a sum of Rs.10,000/- per month, the Tribunal has unreasonably fixed the notional monthly income of the deceased at Rs.3,000/- on the ground that no documentary proof was produced to prove the same and after deducting one-third thereof towards his personal maintenance, has taken a sum of Rs.2,000/- to arrive at the loss of dependency. This is unjustified in the light of the ratio laid down by the Apex Court in Syed Sadiq and others v. Divisional Manager, United India Insurance Co. Ltd., 2014 ACJ 627, wherein the Apex Court, while fixing the notional monthly income of a vegetab












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