NATIONAL INSURANCE CO LTD Vs. ROHINI MURLIDHARAN

JUDGEMENT

(1.) The respondents no.1and2/claimants have filed cross objections so as to claim enhancement in the compensation amount over and above the amount awarded by the Tribunal. Since nobody has chosen to appear for the appellant, therefore, the appellant is proceeded ex parte so far as the cross objections filed by the claimants/cross objectors are concerned.

(2.) Brief facts of the case to deal with the cross objections filed by the claimants/cross objectors are that the deceased Sh. E. Rajan Muralidharan died in an accident which occurred on 29.6.2002. The deceased was travelling to Sikar in his car along with his friend Sh. Shankar. They were hit by a tanker bearing registration No. RJ-23-G-0844 driven in a rash and negligent manner injuring the deceased fatally.

(3.) Mr. V.K. Malik, counsel appearing for the claimants/cross objectors, confined his arguments primarily to claim enhancement in the compensation amount on the ground of the Tribunal not granting adequate amount of compensation towards loss of consortium and loss of love and affection. The other grievance made by the counsel is that the Tribunal has awarded low rate of interest on the compensation amount. The contention of learned counsel is that the deceased was of 34 years of age on the relevant date of accident and was survived by his wife, one son and the parents. Counsel, thus, sought to urge that the widow left by the deceased is quite young, and therefore, the award of Rs. 25,000/- towards loss of consortium which is inclusive of love and affection is quite on the lower side.