NEW INDIA ASSURANCE CO LTD Vs. SURESH @ ASHOKAN

JUDGEMENT

(1.) It was on 27.11.2012 the accident. A 32 years old person died in the accident. She was Letha. She was the wife of the 1st respondent and the mother of the 2nd respondent. Letha who was a pedestrian was knocked down by a car. The car was driven in a rash and negligent manner. Letha who sustained severe injuries breathed her last on the way to hospital. The tribunal awarded a compensation of Rs 19, 84, 000/- to the respondents. The insurer of the vehicle is in appeal. What the underwriter challenges is the quantum of compensation.

(2.) Heard Smt.K.S.Santhi and Sri.A.N.Santhosh, the learned counsel for the appellant and the respondents.

(3.) National Insurance Company Ltd v. Pranay Sethi, 2017 5 KHC 350. The apex court directed the tribunals in the country to follow a uniform pattern while awarding compensation towards funeral expenses, loss of estate and loss of consortium. The apex court fixed the amounts also. The amount to be awarded as funeral expenses shall be Rs 15, 000/-. But the tribunal awarded Rs 25, 000/-. The amount shall go down by Rs 10, 000/-. The amount awarded for loss of estate was Rs 1, 00, 000/-. That should come down by Rs 85, 000/-. The compensation for loss of consortium given to the widow was Rs 1, 00, 000/-. That too should come down. The amount to be deducted shall be Rs 60, 000/-.