NATIONAL INSURANCE CO. LTD. Vs. SADANANDAN

JUDGEMENT

(1.) This appeal is preferred by the Insurance Company aggrieved by the award passed by the Addl.Motor Accidents Claims Tribunal, Ernakulam in OP(MV) No.1344/2018.

(2.) The brief facts necessary for the disposal of the appeal are as follows:

(3.) The claimants contended that the deceased was a cook in a hotel and was earning a sum of Rs.18,000.00 per month. In support of their contention, the claimants produced Exts.A1 to A3 documents. The tribunal, on appreciation of evidence, found that the deceased Remani had to be treated as a skilled worker and, therefore, proceeded to fix her notional income at Rs.13,500.00 per month. Since the deceased was survived by three dependants, 1/3rd of her income was deducted towards personal and living expenses. The tribunal, in addition to the above, granted loss of estate and loss of consortium to the 1st claimant and also Rs.40,000.00 each under the head love and affection to the claimants 2 and 3. Thus, the tribunal awarded the following compensation: