As far as the income of the deceased is also concerned, since the deceased was said to be working as helper in Mothers Dairy and he was aged about 22 years, it appears that the Tribunal has correctly taken the income of the deceased at Rs.3,000/- per month. According to the calculations made by the Tribunal total loss of dependency comes to Rs.3,17,000/-. The Tribunal also opined that the claimants are entitled to Rs.5,000/- towards funeral expenses. As per the judgment in Rajesh’s case (1 supra) the claimants are entitled to Rs.25,000/- towards funeral expenses. Thus, the total amount shall be Rs.3,42,000/- (Rs.3,17,000/- + Rs.25,000/-). Since the claimants have claimed only Rs.3,00,000/-, the Tribunal awarded the same. Even if it is held that there is some contributory negligence on the part of the deceased, there may not be any much difference between the amount to which the claimants would be entitled to and the amount already awarded by the Tribunal. It is also submitted that in similar case arising out of the same accident this Court dismissed the appeal filed by the appellantsCorporation, by judgment dated 02.12.2009, passed in MACMA No.2489 of 2006. Therefore, I do not see any reason to interfere with the well reasoned order passed by the Tribunal. The MACMA is devoid of merit and the same is liable to be dismissed.
