ANNAMKUTTY Vs. MANAGER, UNITED INDIA INSURANCE CO.LTD

JUDGEMENT

(1.) The first claimant in O.P.(M.V).No.1204/05 on the files of the Motor Accidents Claims Tribunal, Perumbavoor, is the appellant herein. The appellant, along with her children, filed the application for compensation for the death of her son- Shibu, who died in a motor vehicle accident, caused on account of the rash and negligent driving of the vehicle by the driver of the vehicle, insured with the respondent-Insurance Company. After considering the evidence on record, the Tribunal found that the accident occurred due to the rash and negligent driving of the vehicle by the driver of the vehicle, insured with the respondent and awarded a total compensation of Rs.1,69,750/- under various heads as follows : <p>Head Amount Rs. Loss of dependency 144,000.00 Transportation expenses 2,500.00 Damage to clothings 250.00 Pain and sufferings 5,000.00 Loss of love and affection 15,000.00 Funeral expenses 3,000.00 Total 169,750.00

(2.) We have heard the learned counsel for the appellant and the learned Standing Counsel for the Insurance Company.

(3.) The learned counsel for the appellant submitted that the deceased-Shibu was working as an Electrician abroad and he was earning Rs.15,000/- per month, but the Tribunal has taken only Rs.3,000/- as notional income of the deceased, which is on the lower side. Further, the Tribunal has taken only 8 as the multiplier, reckoning the age of the dependant as the criterion for ascertaining the multiplier to award compensation under the head loss of dependency, which is incorrect, as the age of the deceased has to be reckoned for that purpose, in view of the dictum laid down in the decision reported in Amrit Bhanu Shali and others v. National Insurance Company Limited and others,2012 ACJ 212. Further, the amounts awarded under the heads pain and suffering, transportation expenses, loss of love and affection, funeral expenses etc. are also on the lower side and no amount has been awarded under the head loss of estate. So, according to the learned counsel for the appellant, the appellant is entitled to get enhancement of compensation under all heads.