ORIENTAL INSURANCE COMPANY LTD Vs. BHAGIRATHI M J

JUDGEMENT

(1.) THIS appeal by the appellant/Insurer is directed against the impugned judgment and award dated 14/10/2011 passed in MVC No.610/2009, by the Additional Civil Judge (Sr.Dn) and CJM., Motor Accident Claims Tribunal, Mandya, (hereinafter referred to as ' Tribunal' for short).

(2.) THE Tribunal, by its impugned judgment and award, has awarded a sum of Rs. 32,05,256/ - under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim Rs. 34,60,000/ - on account of the death of the deceased Sri. Kumaraswamy, in the road traffic accident. The quantum of compensation awarded by the Tribunal is on higher side and disproportionate to the income of the deceased and is liable to be reduced substantially, the insurer has filed this appeal.

(3.) IT is the further case of the claimants that, deceased was aged about 35 years, hale and healthy prior to the accident and working as Police Constable at Halagur Police station and drawing the salary of Rs. 10,605/ - per month and also getting income of Rs. 60,000/ - per year from his land and properties and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, claimants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.