NEW INDIA INSURANCE COMPANY LIMITED Vs. VASANTHA MENON

JUDGEMENT

(1.) The appeal is filed by the 3rd respondent before the Tribunal. The claimants before the Tribunal have preferred a Cross Objection. The parties are referred to as per their status before the Tribunal. The 1st claimant's husband, while walking along the Chittoor road, Ernakulam, at about 5.40 AM on 16/5/2011, was hit by an autorikshaw driven in a rash and negligent manner. He was taken to Specialists Hospital, Ernakulam for treatment. While undergoing treatment, he succumbed to the injuries on 24/5/2011. The deceased was a novelist. He had retired from the Southern Naval Headquarters as Office Superintendent Grade I. The wife and 3 children of the deceased preferred the claim petition before the Tribunal. The Tribunal awarded a sum of Rs.6,44,000.00 as compensation. The insurer who was the 3 rd respondent before the Tribunal has filed this appeal contending that the amount awarded is excessive.

(2.) Heard the counsel for the appellant and the respondents.

(3.) The deceased was aged 76 years at the time of the accident. He was earning a monthly pension of Rs.11,816.00. According to the claimants, the deceased was getting Rs.5,000.00 per month from his literary works. Exhibit A22 photographs are produced to prove that the deceased was a novelist. The counsel for the Insurer submits that even though the claimants had not proved that the deceased was earning Rs.5,000.00 in addition to his service pension, the Tribunal presumed that the deceased was getting some income from his literary works and thus fixed the total monthly income of the deceased as Rs.15,000.00 for the purpose of calculating the compensation. The Tribunal found that the children of the deceased were employed and are not dependants and hence 50% of the monthly income was deducted towards personal expenses and living expenses of the deceased.