DIWAKAR, S/O LATE, SIDDAIAH AND SMT. M. SHANTHA, W/O DIWAKAR Vs. SMT. R. KALA, W/O. RATHINA VELU, MAJOR, VELAN NAGAR EXTN, UDUMALPET, COIMBATHORE DIST, TAMILNADU AND THE DIVISIONAL MANAGER UNITED INDIA INS CO LTD, DIVISIONAL OFFICE. P. J. EXTENS

JUDGEMENT

(1.) THIS appeal is by the insurer both on the negligence and also the quantum of compensation, whereas, cross objection is filed by the claimants seeking enhancement of compensation. The claimants are the parents of the deceased. The deceased who was 19 years at the time of accident, died in a road accident on 6 -8 -2009. The claimants allege that he was earning Rs. 6,000/ - per month as he was working as a technician in a private firm. The Tribunal has taken the income at Rs. 3,000/ - per month and has determined the loss of dependency at Rs. 3,12,000/ -.

(2.) THE learned counsel for the insurer submitted that there is no evidence to show that the deceased was earning Rs. 3,000/ - per month and even it was taken at Rs. 3,000/ -. 50% should have been deducted towards personal expenses.

(3.) THE fact that the appellants -claimants have lost their son aged about 19 years in a road accident is not in dispute. As far as negligence is concerned, there is not even an oral evidence on the pert of the insurer except contention in the objection and argument. I do not find any merit in the said contention.