The Branch Manager vs G.V. Varalakshmi, & Anr

,Amount (Rs.)

Loss of estate,"2,07,950/-

Loss of love and affection,"10,000/-

transportation of the dead body,"5,000/-

Funeral expenses,"10,000/-

Total,"2,32,950/-

one-third of the income of the deceased is required to be taken as his savings for the computation of loss of estate in the circumstances of the case.,

A similar view has been taken by another Division Bench of this Court in Smt.Jyothsna Ramu''s case (supra), wherein also after considering",

that due to the death of mother, claimants who are the three major sons were entitled for compensation, this Court deducted two-third income of",

the deceased for her living and personal expenses and the remaining one-third of her income was taken as her savings to compute the,

compensation towards loss of estate. Thus, both the cases relied by both sides canvas the same principle which applies to the case on hand.",

Accordingly, in the instant case, out of the income of the deceased at Rs.4,000/- per month as assessed by the Tribunal, after deducting two-third",

towards his personal and living expenses, the Tribunal has rightly considered the remaining one-third as his savings, which has to be taken into",

consideration to calculate the loss of estate. Thus, in the calculation and finding of the Tribunal on the said aspect, no error can be noticed. As",

such, the arguments of the learned counsel for the appellant on this behalf is not acceptable. Thus, I find no reason for interfering in the judgment",

and award under appeal. Accordingly, I proceed to pass the following order ;",

ORDER,

The Appeal is dismissed. No order as to costs.,