Allowing an appeal by two sons of a woman fruit vendor, the HC said, though the deceased was aged, her sons were dependant on her and she was heading the family

Madurai: Madras High Court bench while rejecting the verdict given by Motor Vehicle Accident Compensation Tribunal enhanced compensation awarded to the accident victim's family by a lower court, reports PTI.

The case was related to a person aged 60, who was killed in an accident. The Tribunal has said that she would not have been in a position to earn a livelihood and would have been dependant on her sons

Allowing an appeal by two sons of a woman fruit vendor, who was earning around Rs3000 a month, Justice S Vimala agreed with appellant’s counsel that though the deceased was aged, her sons were dependant on her and she was heading the family.

"Just because the petitioners have attained majority it cannot be concluded they cannot be dependents. Maybe the nature of dependency may vary, depending upon needs of the children. But it can never be said they could not be the dependants."

He enhanced compensation awarded by a lower court from Rs1 lakh to Rs2.31 lakh, saying there could never be retirement age for a mother. There may be retirement from government or private service and not from household work.

Aged women are not accustomed to the concept of tiredness. It was common knowledge that aged parents remained the beacon light for future generations in the family.

The Judge said the Tribunal could take note of the fact there were old persons on wheelchairs, seen on moving trains and markets, sitting and doing business.

"Just because the deceased was aged the contention that she was not earning cannot be accepted. When there is escalation in costs, nobody can afford to sit and eat. In this case there is positive evidence, as contended by the appellants that their mother was engaged in fruit selling."

The Tribunals are not expected to turn a Nelson's eye to the private evidence and to act on whims and fancies or presumptions. This type of approach towards award of compensation would frustrate the object of legislation.

The Judge said considering the evidence she was earning Rs3,000 a month, deducting Rs1,000 for her personal expenses, the monthly dependency would be Rs2000. Total compensation towards loss of dependency would come to Rs2.16 lakh.

The lower court had awarded Rs1 lakh and directed the National Insurance Company to give it to her two sons. The balance should be paid within eight weeks.

The woman died on 28 January 2010 after being hit by a car. Her sons demanded compensation of Rs8 lakh, as they were completely dependent on their mother.

The tribunal awarded Rs1 lakh just "for loss of love and affection" No compensation was awarded under any other head.