ORIENTAL INSURANCE CO LTD Vs. MARIYAKKUTTY & OTHERS

JUDGEMENT

(1.) The insurance company is the appellant. The insurance company is aggrieved by the quantum of compensation awarded in a claim under Section 163A of the Motor Vehicles Act. Against a total claim of Rs.3,58,500/-, the Tribunal awarded an amount of Rs.2,77,000/- as per the details appearing in para.16 of the award, which we extract below: <FRM>JUDGEMENT_188_LAWS(KER)8_20111.htm</FRM>

(2.) The claimants are the legal heirs of the deceased. The claim was staked under Section 163 A of the Motor Vehicles Act. The Tribunal had entered a specific finding that Rs.2,000/- was the income of the deceased. The Tribunal had further entered a specific finding that 27 was the age of the deceased on the date of his death. Bills for Rs.500/- were produced to prove medical expenses incurred.

(3.) The learned counsel for the appellant/insurance company argues that the quantum of compensation awarded is excessive. Requested to explain the basis of the contention, the learned counsel for the appellant submits that the Tribunal, after assuming that Rs.2,000/- is the monthly income, deducted only 1/3 towards the personal expenses/maintenance of the deceased; reckoned Rs.16,000/- as the contribution to the dependents and further assumed 17 as the multiplier. Taking cue from Sarla Verma v. Delhi Transport Corporation, 2009 6 SCC 121 one half should have been deducted towards the personal expenses of the deceased, a bachelor. The learned counsel for the appellant further shows that the multiplier adopted is that of the deceased and not that of the much older claimants. The mother of the deceased - claimant No.1, was of the age 63 years. The Tribunal had reckoned the multiplier not based on the age of the claimants.