NEW INDIA ASSURANCE COMPANY LIMITED Vs. K MARAGATHAM

JUDGEMENT

(1.) In these Appeals, Appellant-New INdia Assurance challenges the award of compensation for the death of persons traveled in the Mahendra zeep bearing Registration No.KL-11-E-5493 due to hit by the Lorry bearing Registration No.KL-7-N-4921 and the quantum of compensation awarded to the dependants of deceased persons and also the injured claimants. Since all the Appeals arise out of common judgment involving common points for determination, all Civil Miscellaneous Appeals shall stand disposed by this common judgment.

(2.) The brief facts leading to the filing of the Appeals are that on 11.4.1997 at 3.15 a.m., the deceased persons and injured claimants were traveling in a private Jeep bearing Reg. No.KL-11-E-5493 to go to Sabarimalai from Kuttipuram in Guruvayur public road from north to south. At that time, the container Lorry bearing Regn. No.KL-7-N-4921 came from the opposite direction, driven in a rash and negligent manner and hit against the Jeep, as a result the Jeep was overturned and 4 persons viz., Krishnan alias Allakrishnan, Palani, Dhamodaran, S. Arumugam and driver in the Jeep died and 2 persons sustained injuries. Regarding the accident, a Criminal case was registered in Crime No.127 of 1997 of Trichur Police Station, Kummankulam, Trisur District against the driver of Container Lorry. Alleging that the accident was due to rash and negligent driving of the Lorry driver, claimants have filed the Claim Petitions. In the Tribunal, joint trial was held in all the Claim Petitions. Dependants, injured claimants and the Doctor, who treated the injured claimants were examined as P.Ws.1 to 14. Ex.P.1 to P.46 were marked. No oral or documentary evidence was adduced by the Respondents.

(3.) Based on the evidence of P.Ws.3 and 4 and Ex.P.24-salary certificate and having regard to the future prospects, Tribunal has taken the monthly income of Allakrishnan at Rs.9,000/- per month. We are of the view that after the Pay Commission, deceased Allakrishnan would have earned more than 1 - times salary which he was getting at the time of accident. The Tribunal has adopted a conservative approach in fixing the monthly salary at Rs.9,000/- and the same is maintained. Deducting 1/3rd for Personal Expenses, Tribunal has calculated loss of dependency at Rs.6,000/- per month i.e., Rs.72,000/- per annum. As seen from Ex.P.25 - service register, at the time of accident, deceased was aged 47 years. As per the Second Schedule, multiplier 13 is the appropriate multiplier to be adopted. Total loss of dependency is Rs.9,36,000/- (Rs.6,000 x 12 x 13). <FRM>JUDGEMENT_3479_TLMAD0_2010_1.html</FRM>