Mr. K. Kannan, J.: - I. Death of an agriculturist, challenge to quantum

1. The appeal is by the Insurance Company challenging the quantum of compensation assessed by the Tribunal. The Insurance Company had the benefit of defence on all grounds under Section 170 of the Motor Vehicles Act by the order of the Tribunal dated 30.06.2009. The Insurance Company is aggrieved against the assessment of compensation of Rs.14,29,000/- for the death of an agriculturist, who was holding 12 acres of land. The Tribunal took the income of the deceased at Rs.12,000/- per month against the statement of the widow that her husband was earning Rs.40,000/- per month.

II. Setting the basics – where land is still available, whole income cannot be relevant

2. In the case of agriculturist, it must be remembered that the income from the land itself ought not to be the sole consideration for determining the loss arising out of the death. The attempt must be made to secure evidence of the value of the services of the deceased for managerial skills of the agricultural land. The Supreme Court said, while dealing with the issue of assessment of compensation for the death of an agriculturist in a motor acc