NATIONAL INSURANCE COMPANY LIMITED Vs. SUJATHA RAJALAKSHMI

JUDGEMENT

(1.) Challenging the quantum of compensation awarded by the Tribunal in and by an award dated 17.07.2007 made in MCOP.No.970 of 2002, dated 17.07.2007 on the file of the Motor Accident Claims Tribunal (III Additional Sub Court), Tiruchirappalli, the present Civil Miscellaneous Appeal is filed.

(2.) It is the case of the respondents 1 to 3/claimants who are wife, son and daughter of the deceased respectively that the deceased was earning a sum of Rs.40,000/- per month by running engineering industries. In order to prove the income earned by the deceased, on the side of the respondents/claimants, the son of the deceased was examined as P.W.1. P.W.1 categorically stated in his evidence that his father was earning a sum of Rs.40,000/- per month by running engineering industries. In support of his evidence, the statement of income-tax returns for the period of three years were marked as Ex.P.17 and the Registration Certificate for running the industries was marked as Ex.P.16.

(3.) By placing reliance on the evidence of P.W.1 and Ex.Ps.16 and 17, the Tribunal fixed a sum of Rs.20,000/- as monthly income of the deceased. Thereafter, by deducting 1/3rd of the amount towards the personal expenses of the deceased, fixing a sum of Rs.1,60,000/- as annual loss of contribution to the family and applying multiplier '11' has awarded a sum of Rs.17,60,000/- as compensation under the head of loss of dependency. That apart, the Tribunal by adding another sum of Rs.13,33,840/- towards medical expenses, Rs.10,000/- for 'loss of consortium', Rs.25,000/- for 'transportation', Rs.25,000/- for 'loss of love and affection' and Rs.10,000/- for 'funeral expenses' awarded a total sum of Rs.31,63,840/- as compensation. Aggrieved over the same present appeal has been filed.