Sumitra vs Krishnegowda, Somashekar and Branch Manager New India Assurance Co. Ltd.

N. Ananda, J.—The claimant has filed this appeal for enhancement of compensation. I have heard learned counsel for parties.

The learned counsel for claimant would submit that deceased was working as a loader in M/s. Vishal Plywood Ltd. and he was getting salary of Rs. 6,000/- per month. The claimant has not examined employer of deceased. She has produced Salary Certificate of deceased. Therefore, Tribunal should have taken salary of deceased at Rs. 6,000/- per month.

The learned counsel for Insurance Company would submit that mere production of salary certificate is not sufficient to prove that deceased was earning Rs. 6,000/- per month. The employer should have produced books of accounts to show that deceased had drawn monthly salary of Rs. 6,000/-. Therefore, Tribunal has rightly determined salary of deceased at Rs. 4,000/- per month, having regard to wage structure prevalent at the time of accident i.e., on 27.03.2007.

It is seen from the impugned award that claimant was the wife of deceased and she was the sole dependent. In the circumstances, Tribunal should have deducted 50% of income towards personal and living expenditure of deceased. The Tribunal has deducted 1/3rd of income towards personal and living expenditure of deceased. In the circumstances, if there is deficiency in determination of income of deceased, the same is offset by deduction of 1/3rd income towards personal and living expenditure of deceased, instead of deduction of � of income towards personal and living expenditure of the deceased. The Tribunal has awarded just and reasonable compensation under conventional heads.

The learned counsel for claimant would submit that compensation awarded by Tribunal towards "medical expenses" is meager. The claimant has not produced bills of expenditure. It looks probable that medical expenditure was met by employer of deceased. In the circumstances, claimant cannot contend that Tribunal should have awarded more compensation towards "medical expenses". On reconsideration of the matter, I do not find any grounds to interfere with the impugned award. The appeal is dismissed.