NATIONAL INSURANCE CO.LTD. Vs. AMMINI

JUDGEMENT

(1.) M.A.C.A. No.831/2016 is filed by the 3rd respondent in O.P. (MV) No.220/2012 of Motor Accident Claims Tribunal, Perumbavoor, who was the insurer of the offending vehicle and M.A.C.A.No.3532/2017 is filed by the claimants in the said claim petition. While the insurer submits that what has been awarded is excessive, the claimants submits that what has been awarded has to be enhanced.

(2.) Heard both sides.

(3.) The facts regarding the accident are admitted. While late Sri.Vijayan was walking along the road, he was hit by a car and he died as a result of the accident. The legal representatives preferred the claim. The Tribunal awarded a sum of Rs. 9,07,000/- towards compensation. According to the insurer, the amount awarded under the heads loss of dependency, funeral expenses, pain and sufferings and loss of love and affection, are all excessive. Regarding loss of dependency, it is submitted that 15% was added to the monthly income towards future prospects and only 10% ought to have been added having regard to the fact that the deceased was a mason aged 52 years. Regarding funeral expenses, it is submitted that a sum of Rs. 25,000/- was awarded, which ought to have been Rs. 15,000/-. It is submitted that having regard to the decision in United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur and Ors. reported in [2020 (3) KHC 760], the legal representatives are not entitled to claim compensation under the head pain and sufferings and the amount of Rs. 5,000/- granted under the said head is not justified. It is further submitted that the Tribunal has granted a sum of Rs. 2,50,000/- to the wife and two children towards loss of love and affection and a further sum of Rs. 1,00,000/- towards loss of consortium totalling to Rs. 3,50,000/-which is not justified. In the light of the judgment rendered by the Hon'ble Supreme Court in the decision in New India Assurance Company Ltd. v. Somwati and Ors. reported in [(2020) 9 SCC 644], it is submitted that a total sum of Rs. 1,20,000/- alone could have been granted, even if it is to be assumed that major sons are entitled to parental consortium and the sum of Rs. 3,50,000/- awarded under the head is highly excessive.