NEW INDIA INSURANCE CO. LTD., NO. 65, ESHWAR COMPLEX, DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE- 560 021 AND NOW REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. III, MAHALAKSHMI CHAMBER, 2ND FLOOR, 9/2, M.G. ROAD, BANGALORE - 560 001 Vs. SMT. RAMAKK

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award dated 9 -8 -2007 passed in MVC No. 46/2006 by the Civil Judge (Senior Division) and Additional MACT, Chinthamani, the Insurance Company has filed the present appeal questioning the quantum.

(2.) THE case of the appellant is that the Tribunal has granted an excessive amount of compensation and that the compensation has been awarded to the claimants namely, the grand -mother and other family members of the deceased. He primarily contends that the age of the first claimant is shown as 60 years, whereas in the postmortem report vide Ex. P -7 the age of the deceased is 26 years and hence mathematically she cannot be a grand -mother. He further contends that the amount awarded towards funeral and other expenses to an extent of Rs. 10,000/ - is excessive and the Tribunal committed an error in awarding compensation of sum of Rs. 20,000/ -towards loss of marriage prospects in as much as the deceased was a bachelor.

(3.) ON hearing the counsels I'am of the considered view that the Tribunal committed an error in awarding a sum of Rs. 20,000/ - towards loss of marriage prospects. The question of awarding compensation towards marriage prospects would not arise at all since the deceased succumbed to his injuries and hence awarding compensation towards loss of marriage prospects requires to be deleted. In so far as the contention that an amount of Rs. 10,000/ - awarded towards funeral and other expenses is excessive, I'am unable to accept the said contention. The amount awarded is just and reasonable. I do not find any good ground to interfere with the same. No other contention is advanced so far as other heeds of compensation is concerned.