The court upheld the determination of the deceased's monthly income and the quantum of compensation awarded by the tribunal based on evidence.

S. MANIKUMAR, J.

In the accident, which occurred on 17.09.2009, husband of the first respondent and father of two minor children aged about 17 and 14 years, respectively, died. He was stated to be a Milk Dealer and doing business, in the name and style of TKS Raja & Agency Milk Store at Chidambaram, East Car Street Junction. The respondents also claimed that he was a vendor of Ice-cream and Cool Drinks, Airtel & Aircel recharge/top-up cards and had a xerox Machine, through which, he earned income of Rs.25,000 Per Month. But the respondents have not adduced any documentary evidence to prove that he was vendor of Ice-cream and Cool Drinks, Airtel & Aircel recharge, top-up cards and had a xerox Machine.

2. On the basis of Ex.P9, Professional Tax receipt, indicating business in the name of TKS Raja & Agency Milk Store at Chidambaram, East Car Street Junction, Ex.P8, statement of Milk supplied by the J.P.R. Milk Products Private Limited, in the year 2009 to the deceased and Ex.P15, Receipts issued by JPR Milk Products Private Limited, the tribunal came to the conclusion that prior to death, he was engaged in Milk business and accordingly, determined Rs.12,000/- as monthly income. Supporting the avocation, PW2 to PW4 have adduced evidence.

3. Thus, by fixing the monthly income as Rs.12,000/-, the tribunal arrived at the Annual Income as Rs.1,44,000/-. Dependants being 3', by deducting 1/3 towards the personal and living expenses of the deceased, for the purpose of computing the loss of contribution, the tribunal arrived at a sum of Rs.96,000/-, as annual loss.

4. On the basis of entry in Ex.P4, Postmortem report, tribunal determined the age of the deceased as 45, which cannot be found fault with in view of the decision of this Court in The Managing Director, Tamilnadu State Transport Corporation, Madurai v. Mary [2005 (5) CTC 515], wherein, this Court has held that in the absence of proof relating to the age, such as birth extract or any supporting document, entry in the Postmortem Report, can always be considered for the purpose of computation of compensation.

5. After applying 12' multiplier, for the age group of persons between 41 and 45, the tribunal computed the loss of contribution to the family as Rs.11,52,000/-. That apart, the tribunal has awarded Rs.1,00,000/- under the head of Consortium, Rs.1,00,000, under the head loss of Love and Affection, Rs.30,000 under the head of Loss of Estate, Rs.6,000/- for Transportation Charges, Rs.25,000/- under the head of Funeral Expenses. Altogether, the tribunal awarded compensation of Rs.14,13,000/- with interest at the rate 7.5%, from the date of claim till realisation and costs, and apportioned the same to the respondents/claimants.

6. Challenging the award, Managing Director, Tamilnadu State Transport Corporation, Villupuram, is on appeal.

7. Tamilnadu State Transport Corporation, appellant in this appeal, has contended that when the accident occurred on 17.09.2009, in the absence of any valid documentary evidence, the tribunal ought not to have fixed the monthly income as Rs.12,000/- for the purpose of computing the loss of contribution to the family. Except the above, compensation awarded under the other heads is not seriously disputed.

8. We have heard Mr. T. Gopinath, learned counsel for the caveator, who submitted that as per the decision of Hon'ble Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) TNMAC 1 (SC), for the age group of persons between 41 and 45, the proper multiplier to be applied for computing the loss of contribution to the family is 14' and whereas, the tribunal has erred in applying 12' multiplier instead of 14'. He submitted that there is no grounds to interfere with the award.

9. Heard the learned counsel for the parties and perused the materials available on record.

10. Though, Mr. P. Paramasivadoss, learned counsel for Tamilnadu State Transport Corporation, Villupuram, appellant herein, sought for reducti