AI Structured Summary
Not yet generated for this judgment
Judgment
K. Kannan, J.—The appeal is for enhancement of claim for compensation in a petition filed u/s 163A of the Motor Vehicles Act. The deceased was 21 years of age. He was said to be a Painter. The claimant was the father. The Tribunal took the income at Rs. 2,100/-, applied a multiplier of 16 and assessed the compensation of Rs. 1,36,400/-. The assessment is erroneous. The Tribunal was not fair to deviate from the scales mentioned in Schedule-II. It has made a deduction of 2/3rd when the deduction ought to be only 1/3rd. I take the income at Rs. 3,000/- instead of Rs. 2,000/- as taken by the Tribunal and rework the compensation under various heads of claim as under:-
There shall be an award of Rs. 4,12,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The liability shall be on the Insurance Company.
The award stands modified and the appeal is allowed to the above extent.