As per the claimants (three wives, eight minor children and parents of the deceased Mustak Ali), on February 15, 2016, Ali (38) was killed when the auto in which he was riding on Tiruvannamalai High Road was hit by a Puducherry State Corporation bus. Based on the claim of Rs 40,000 as Ali’s monthly income as besides earning income by owning an auto rickshaw, he was also running a grocery shop, a claim of Rs 75 lakh compensation was made.
But, the Tribunal granted a mere Rs 21.12 lakh. Opposing the same, the claimants contended in the appeal that the Tribunal had taken only Rs 7,500 as monthly income which is extremely on the lower side. Contending that this has resulted in inadequate compensation under the head of loss of income, their counsel sought to consider Rs 20,000 as monthly income and enhance the compensation.
However, the division bench comprising Justice R Subbiah and Justice Sathi Kumar Sukumara Kurup on pointing out that a mere copy of the Motor Vehicle Inspector report alone is produced as proof that he was driving an auto, augmented the loss of income to Rs 14,000 per month considering the cost of life that prevailed in 2016 and thereby enhanced the overall tribunal award from Rs 21.12 lakh to Rs 31.20 lakh.
The bench, while allowing the three wives to draw Rs 3 lakh each with accrued interest and Rs 1.50 lakh by the parents, directed the remaining Rs 19.20 lakhs to be deposited in the name of the respective eight minor children in equal proportion with accrued interest.