MALAKAPPA Vs. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The appellants who were the claimants before the Tribunal sought compensation for the death of the wife of the first appellant whose children are second and third appellants. The claim arose from the death of a pillion rider in an accident which occurred on 22/2/2015, as a result of which the pillion rider succumbed to the injuries sustained in the accident; two days later i.e. on 24/2/2015.

(3.) Before the Tribunal, the claimants asserted an income of Rs.15,000.00 for the deceased, while she was alive, claiming her to be a Coolie. The Tribunal considering the unspecified work in which the deceased was employed, took the income at Rs.7,000.00 and reduced 1/3rd of the income determined for personal expenses; finding the husband to be not dependent on the deceased, in which event the dependant family consisted of the deceased and her two children. Fifty percent was added for future prospects and considering the age of the deceased, i.e. 35 years, a multiplier of 16 was applied, determining the total loss at Rs.13,44,000.00. On other heads also compensation was awarded totalling Rs.18,81,966.00 as shown hereinbelow: <IMG>JUDGEMENT_162_LAWS(SC)4_2025_1.jpg</IMG>