4. Even though PW.3, Transport Manager of Dhanalakshmi Srinivasan Educational Trust, Perambalur, who has given evidence to the effect that the deceased was working as a driver, earned Rs.6,150/- per day and paid Rs.70/- towards daily batta and through him, Ex.X1 - Attendance Register for the month of January to March' 2011 and Trip Sheet for the month of November' 2011, observing that PW.3 did not produce any authorisation letter to give evidence or identity card to prove his employment, the Claims Tribunal, having found that the deceased was in possession of a valid driving licence, marked as Ex.P6, to drive a non-transport vehicle, fixed the monthly income of the deceased as Rs.8,000/-, for the purpose of the computing the loss of dependency to the family. Determination of the monthly income has been done, based on the decisions made in Syed Sadiq etc. Vs. Division Manager, United India Insurance Company Limited reported in 2014 (1) TN MAC 459, P.Marudhachalam & Others v. K.Sridhar & Others reported in 2015 (5) CTC 181, Tavati Srinivas @ Srinu v. N.Padmavathi reported in 2015 (1) TNMAC 451 and Tamil Nadu State Transport Corporation (kumbakonam) Ltd., v. R.Kalavathi reported in 2015 (1) TNMAC 612.
5. Thereafter, placing reliance on a decision of the Apex Court in Santhosh Devi v. National Insurance Co. Ltd., reported in 2012 (6) SCC 421, the Claims Tribunal added 30% of the monthly income, ie. Rs.2,400/- and thus, fixed the monthly income as Rs.10,400/- (Rs.8,000 + Rs.2,400/-), for the purpose of computing the loss of dependency.
For the purpose of applying the multiplier, the Claims Tribunal has considered the decision in Sarla Verma v. Delhi Transport Corporation reported in 2009 (5) LW 561 and accordingly, applied '14' multiplier for the purpose of computing the loss of dependency. Considering the number of dependents, the Claims Tribunal, has deducted 1/4th towards personal and living expenses of the deceased. Thus, the Claims Tribunal has arrived at the loss of dependency at Rs.13,10,400/-.
In Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Ltd., reported in 2011 (2) TNMAC 190 SC, a sum of Rs.4,500/- has been claimed as monthly wages for the deceased, stated to be a coolie. The claims tribunal has taken Rs.3,000/- for the purpose of computing the loss of contribution to the family. However, when the matter was taken up on appeal, the Hon'ble Supreme Court having regard to the wages of a labourer, during the relevant period (2004 - between Rs.100 to Rs.150/- per day) found fault with the tribunal for reducing the income from Rs.4,500/- to Rs.3,000/- and determined the same at Rs.4,500/-.
In Rajesh v. Rajbir Singh reported in 2013 (2) TNMAC 55, the Hon'ble Apex Court has awarded Rs.1,00,000/- each to the legal representatives of the deceased, towards loss of love and affection. Having regard to their age, determination of quantum towards loss of love and affection, is sustained.