It is not disputed by the appellant/ insurance company that at the time of accident, the deceased Selvam was aged 45 years. The contention of the claimants is that the deceased was a richshaw man and was earning a sum of Rs.200/- per day. By considering the fact that as a Cycle Rickshaw rider, the deceased can earn a sum of Rs.4,000/- per month, the Tribunal has rightly fixed the monthly income of the deceased at Rs.4,000/-. To this amount, 25% should be added, as per the decision of the Constitution Bench of the Honourable Supreme Court of India in National Insurance Company Limited Vs. Pranay Sethi and others reported in 2017 (2) TNMAC 601 which comes to Rs.5,000/-. Further, 1/3 of the income of the deceased should be deducted towards his personal expenses. The proper multiplier to be adopted in the instant case is 14, as per the decision in Sarala Verma and others Vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121. Thus, Loss of dependency is calculated as (5000-1/3= 3333 x 12 x 14) Rs.5,59,944/-. In addition to that, as per the decision rendered by the Constitution Bench of the Honourable Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and others reported in 2017 (2) TNMAC 601, the claimants are also entitled to Rs.40,000/- Rs.15,000, Rs.15,000/- towards "Love and affection", "Loss of Estate" and "Funeral Expenses" respectively. Thus, the claimants are entitled to a total compensation of Rs.6,29,944/- (5,59,944 + 40,000 + 15000 + 15000= 6,29,944) which is extracted here under.
