A.M. SELVAKUMAR Vs. CHAIMAN, SRI KRISHNA POLYTECHNIC

JUDGEMENT

(1.) THE husband and son of the deceased K. Santhakumari filed a Claim Petition claiming Compensation of Rs.15 lakhs in respect of her death. The deceased Santhakumari was aged 41 years and employed as Village Head Nurse in the Primary Health Centre at Tiruvallangadu, earning a sum of Rs.8,000/ - per month. The Tribunal quantified the compensation at Rs.6,40,000/ - under the following break -up details: Heads Amount(Rs.) Loss of Consortium to the First Claimant/husband 23,000/ - Loss of Love and Affection to the Second Claimant/son 15,000/ - Funeral Expenses 2,000/ - Loss of Dependency 6,00,000/ - Total 6,40,000/ -

(2.) SO far as the Loss of Dependency is concerned, the monthly income has been fixed at Rs. 7,500/ - and deducting one -third towards Personal Expenses, the balance of Rs. 5,000/ - has been taken as contribution to the family. Multiplier '10 ' has been adopted while quantifying of Loss of Dependency (Rs.5,000/ - x 12 x 10). These findings are assailed in this Appeal by the Appellants/Claimants.

(3.) ON the other hand, the learned Counsel for the Second Respondent/Insurance Company submitted that when the future anticipated income is within the taxable limits, the Tribunal committed error in not deducting the income tax payable by the deceased.