NATIONAL INSURANCE COMPANY LTD. Vs. THANKAMMA AND ORS.

JUDGEMENT

(1.) Grievance of the appellant/insurer is in respect of the quantum of compensation awarded by the Tribunal granting a total sum of Rs. 1,82,000/ - in respect of the demise of a person aged 67 years occurred in a road traffic accident.

(2.) The accident occurred was on 19.9.2007. When the deceased was walking along the road, he was knocked down by a motor cycle bearing No. Kl -03 -H -7186 owned by the 1st respondent before the Tribunal, which was insured by the appellant herein. Fatal injuries were sustained by the deceased, who ultimately bid farewell to the world on the same day. This led to the filing of claim petition by the legal representatives of the deceased. The matter was contested only by the appellant/insurer. No violation of statutory condition/policy condition was established and the claim was resisted mainly on general grounds. After considering the facts and figures, the Tribunal arrived at a finding that the accident was occurred because of the negligence on the part of the owner -cum -driver of the vehicle and accordingly proceeded to fix the compensation.

(3.) The evidence adduced before the Tribunal consists of the documents produced as Exts. A1 to A5 and nobody was examined on either side. Considering the facts and circumstances with reference to the situation prevailing on the date of accident in the year 2007, a notional figure of Rs. 3,500/ - was taken as the monthly income and after deducting 1/3rd towards personal expenses, the balance was reckoned as contribution to family. Adopting the multiplier of 5, the deceased being a person above 65 years, a sum of Rs. 1,05,000/ - was awarded towards of loss of dependency. Granting amounts under such other relevant heads, a total compensation of Rs. 1,82,000/ - was awarded, which was directed to be satisfied with interest @ 9% per annum, which is sought to be intercepted by this Court in this appeal preferred by the insurer.