K KAMALA Vs. C VIJAYAKUMAR

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.3,08,600/- awarded by the Tribunal for the death of Baskaran in the road traffic accident on 17.08.1999, wife and daughters of deceased Baskaran have preferred this appeal.

(2.) RELEVANT facts which are necessary for disposal of these appeals are as follows: - On 17.08.1999 at about 19.30 hours when the deceased was walking along the left side of the GNT Road, a lorry bearing Registration No.TNG 9367 which was coming in the opposite direction in a rash and negligent manner hit the deceased, as a result of which, the deceased sustained head injuries and fatal injuries all over the body. The deceased was admitted in Stanley Hospital where he succumbed to the injuries on 18.08.1999. At the time of accident, the deceased was working as peon and was getting monthly salary of Rs.2,125/-. Alleging that the accident was due to the rash and negligent driving of the lorry driver, claimants have filed Petition under Section 166 M.V. Act, claiming compensation of Rs.7,00,000/.

(3.) CHALLENGING the quantum of compensation, learned Counsel for the Appellant has submitted that the Tribunal erred in taking the monthly salary of the deceased as only Rs.2,175/- whereas his gross salary was Rs.4,800/- p.m. The learned Counsel for the Appellant further submitted that the Tribunal erred in failing to assess the future prospects of the deceased. It was further submitted that the deceased was working as peon and that he had another 26 years of service and that he would have earned periodical increments and he would have also been promoted to higher posts and he would have earned more salary and the future prospects of the deceased was not kept in view while arriving at annual dependency.