UNITED INDIA INSURANCE COMPANY LTD Vs. K SANTHAKUMARAN

JUDGEMENT

(1.) INSURANCE Company is the appellant.The claimants - parents aged 50 years and 42 years, an adult brother aged 24 years and a minor sister aged 17 years, claimed compensation for the loss suffered by them on account of the death of their son/ brother who suffered injuries in a motor accident which took place on 1/7/2004 at a distant place at Kesanupalli on the Madras - Andhra Pradesh border. He was working as a Cleaner in a lorry. It was claimed that the deceased was earning an income of Rs. 200/- per day. He was the holder of a passport - Ext.A6 also. Against a total amount of Rs. 10,00,000/- claimed by the claimants, the Tribunal awarded an amount of Rs. 5,15,000/- as per the details given in para-10 of the award which we extract below: Loss of dependency - Rs. 4,68,000/- (4500 x 12 x 2/3 x 13) Loss of love and affection - Rs. 35,000/- Travelling expenses - Rs.8,000/- Funeral expenses - Rs.4,000/- ---------------- Total - Rs. 5,15,000/- =======

(2.) THE insurer is the appellant.THE amount awarded is challenged on the short ground that the quantum of compensation awarded under the heads of loss of dependency and loss of love and affection are excessively high. No other contentions are raised.

(3.) THE learned counsel for the respondents, on the contrary, contends that the Tribunal had taken all the relevant inputs into account. At any rate, a total amount of Rs. 5,15,000/- awarded by the Tribunal cannot be said to be an amount which is unjust or unreasonable. Taking all the relevant inputs into account, the amount of Rs. 5,15,000/- against the claim of Rs. 10,00,000/- awarded by the Tribunal must be held to be fair, reasonable and just, contends counsel.