9911796707
TMI Blog2024 (6) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... his family members comfortable, the deceased was multi-tasking and he was not engaged in a 9.00 to 5.00 P.M. job. The High Court on a very conservative basis assessed the income of the deceased at ₹20,000/- per month, bifurcating the same at ₹8,000/- per month for supply of milk to the school, ₹5,000/- per month from agriculture and ₹7,000/- per month from working as a contractor - considering the material placed on record by the appellants, income of the deceased deserves to be re-assessed as it is established that he was doing multiple works. It also came on record that after his death, the land was lying barren and was not being cultivated. Assessment of compensation cannot be done with mathematical precision. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as, coconuts and paddy, he was also running a dairy farm and was a Government contractor. He was the sole bread earner of the family, who left behind his old mother, wife, daughter and son, who are the appellants before this Court. 3. The accident and the liability of the Insurance Company as such are not in dispute. 4. The only dispute raised in the present appeal is regarding the quantum of compensation to which the appellants are entitled to. 5. The Tribunal, after considering the evidence led by the parties, opined that the income of the deceased was ₹50,000/- per month. Applying a cut of 1/4th for his personal expenses and adding 10% for future prospects, assessed total compensation towards loss of income at ₹51,04,550/-. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.11.2012 (14 months). He was also growing paddy on his land from which receipt claimed was ₹7,29,900/-. He also received ₹16,36,398/- from sale of bananas grown on the land owned by him. As he was also working as a Government contractor, his annual income therefrom was ₹6,00,000/-. The Tribunal had already taken a very conservative view of the matter and assessed the income at ₹50,000/- per month. Though the amount assessed by the Tribunal was not reasonable, still the appellants did not challenge the same any further. However, the Insurance Company, with a view to rubbing salt on the wounds, challenged the reasonable compensation awarded by the Tribunal. Sole earning member of the family had died leaving behind fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the land owned by the family in the form of sale of paddy and bananas, the deceased was also having income from supply of milk and coconuts to the school. There is also material available on record to show that he worked as a Government contractor. Meaning thereby, to make the lives of his family members comfortable, the deceased was multi-tasking and he was not engaged in a 9.00 to 5.00 P.M. job. 12. From the material available on record, in the form of Ex. P12 (receipt issued by the school) and Ex. P13 (bank account statement of the deceased) and statement of PW3-Thiru. Ponraj (Principal of the School), the deceased received a sum of ₹8,52,447/- from the school for the period from 20.09.2011 to 28.11.2012 (14 months) on accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month, bifurcating the same at ₹8,000/- per month for supply of milk to the school, ₹5,000/- per month from agriculture and ₹7,000/- per month from working as a contractor. In our opinion, considering the material placed on record by the appellants, income of the deceased deserves to be re-assessed as it is established that he was doing multiple works. It also came on record that after his death, the land was lying barren and was not being cultivated. 15. Assessment of compensation cannot be done with mathematical precision. The Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation. In our opinion, considering the material placed on record by the appellants, as has been referred to above, and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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