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TMI Blog2024 (6) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... tion No. TN-72-AV-0927, which was insured with respondent No. 1-Insurance Company. FIR No. 442 dated 10.12.2012 was registered at Police Station Kalakkaadu, District Tirunelveli. A claim petition M.C.O.P. No. 281 of 2013 was filed by the dependants of the deceased claiming compensation of Rs.1,00,00,000/-. It was pleaded that the deceased was doing multiple activities. Besides being an agriculturist growing bananas, 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of income of the deceased from Rs.50,000/- to Rs.20,000/- per month. There is ample evidence on record to show that whatever was assessed by the Tribunal was just and fair. The deceased had been supplying milk and coconuts to Donavoor Santhosha Vidhayalaya School, from which he had received a sum of Rs.8,52,447/- during the period from 20.09.2011 to 28.11.2012 (14 months). He was also growing paddy on his land from which receipt claimed was Rs.7,29,900/-. He also received Rs.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 Rs.6,00,000/-. The Tribunal had already taken a very conservative view of the matter and assessed the income a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c facts, namely, the date of accident, the age of the deceased and dependency are not in dispute. There is no dispute on the negligence part also. The only issue sought to be raised is with reference to the assessment of the income of the deceased. 11. From the material placed on record by the appellants, it is evident that besides generating income 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome tax of Rs.1,48,598/- for the year 2010-11. There is also evidence on record to show that the deceased received Rs.22,23,553/- from Tirunelveli Municipal Corporation for execution of a works contract during the year 2011-12. 14. The High Court on a very conservative basis assessed the income of the deceased at Rs.20,000/- per month, bifurcating the same at Rs.8,000/- per month for supply of milk to the school, Rs.5,000/- per month from agriculture and Rs.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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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