ORIENTAL INSURANCE CO LTD Vs. YASODA M

JUDGEMENT

(1.) THE insurer of the motor vehicle involved in the accident being aggrieved by the quantum of compensation awarded, as excessive, has filed this appeal under section 173 (1) of the motor Vehicles Act, 1988 (for short 'the act') calling in question the judgment and award dated 20. 8. 2003 passed in M. V. C. No. 4154 of 2000 on the file of the Motor accidents Claims Tribunal, Court of the small Causes, Mayohall Unit, Bangalore, (SCCH-20), (for short 'the M. A. C. T. ')

(2.) THE fact that deceased C. Sridhar, aged 40 years as on the date of accident and death was serving as a mechanic in the establishment of Bangalore Metropolitan transport Corporation, on a monthly salary of Rs. 5,588, died in an accident that occurred on the intervening night of 177 18. 11. 2000 involving the motor vehicle being a trailer lorry bearing registration no. KA 01-8211 is not in dispute. The fact that the dependants of the deceased, being the widow, his two minor children and the aged parents claimed compensation of rs. 12,00,000 in a petition under section 166 of the Act, numbered as M. V. C. No. 4154 of 2000, in which the owner of the offending vehicle arraigned, as respondent no. 1, though served with notice remained absent and was placed ex parte, while the insurer, respondent No. 2, the appellant herein appeared and contested the claim by filing its statement of objections, are also not in dispute.

(3.) THE M. A. C. T. , in the premise of the pleadings of the parties, framed issues, recorded evidence of claimant No. 1, the widow as PW 1, as also an eyewitness as pw 2 and marked 11 documents as Exhs. P1 to P11 On behalf of the respondents, no oral or documentary evidence was tendered. M. A. C. T. , appreciating the evidence both oral and documentary, laid before it by claimant, recorded a finding of actionable negligence on the driver of the trailer lorry and taking the monthly income of the deceased as Rs. 5,588, applied the mathematical formula laid down in the judgment of the Supreme Court in the case of Sarla dixit v. Balwant Yadav, 1996 ACJ 581 (SC) and assessed loss of dependency at rs. 9,38,784 to which was added a sum of rs. 3,000 for loss of consortium, Rs. 3,000 towards loss of love and affection and rs. 3,000 for funeral expenses; totalling to rs. 9,47,784 as compensation with interest at the rate of 6 per cent per annum from the date of petition until realisation. Being aggrieved by the quantum of compensation awarded towards loss of dependency, as excessive, the insurer has preferred this appeal.