UNITED INDIA INSURANCE COMPANY LTD Vs. SAROJINI

JUDGEMENT

(1.) THE Insurance Company has come up in appeal alleging that the award passed by the Motor Accidents Claims Tribunal to the first respondent Sarojini towards the death of her daughter, one Prameela who died in a road traffic accident caused by the negligence of the driver of a tempo van which was insured with the appellant company, is excessive.

(2.) THE specific ground raised in the appeal is regarding the dependency compensation which was determined by the learned Tribunal at Rs. 2,64,000/-. The challenge is against the action of the learned Tribunal in not deducting any portion of the income of the deceased towards her personal expenses. There is challenge against the compensation awarded under other heads also.

(3.) PER contra it was submitted by Sri.James that the deceased Prameela was the only daughter of the first respondent who had lost her husband even earlier. Therefore, the compensation presently awarded is inadequate and the magnitude of the loss sustained by the first respondent is taken into account. Sri.James also submitted that at any rate there is inadequacy in the compensation awarded by the Tribunal towards other heads.