ORIENTAL INSURANCE COMPANY LIMITED Vs. SWAPNALEKHA

JUDGEMENT

(1.) In this appeal, Appellant/Insurance Company challenges The quantum of compensation of Rs.16,95,680/- awarded in M.C.O.P.No.1629 of 2001 on The file of Motor Accident Claims Tribunal (Subordinate Judge, Dharapuram) to The Claimants for The death of Balasubramanian in The road traffic accident on 17.1.2001 to The Claimants - daughters and parents.

(2.) The brief facts are that on 17.1.2001 at about 9.15 A.M, The deceased - Balasubramanian was riding his scooter TN 37B 4032 and his wife Shanmugasumathi Suganya was travelling as a pillion rider. They were proceeding towards east on The northern edge of The east west Coimbatore to Palakkad main road near Kuniamuthur Aruna Theatre in a minimum speed. At that time, The fifth Respondent drove The mini lorry bearing Registration No.T.N 33 T 2296 owned by The 6th Respondent -Kuniyamuthur Town Panchayat in a rash and negligent manner. The fifth respondent lost The control of The mini lorry and suddenly came to The main road and dashed against The Tata Sumo TN 38 C 4449 which was coming in The main road and Then came to The edge of The road and dashed against The scooter of The deceased with great force. The deceased and his wife were thrown off and sustained grievous injury all over Their body. Shanmugasumathi Suganya - wife of The deceased died on The spot itself. The deceased was immediately taken to the C.M.C.Hospital at Coimbatore and then to K.G.Hospital and was admitted as in-patient. In spite of intensive treatment, Balasubramanian succumbed to injuries on 30.1.2001. A criminal case was registered in Crime No.31 of 2001 of Podanur Police Station under Sections 337 and 304(A) IPC. Balasubrmanian was working as Clerk cum Shroff in Indian Bank, Coimbatore and he was getting salary of Rs.14,238/-. Alleging that the accident was due to rash and negligent driving of mini lorry driver, Claimants have filed Claim Petition - M.C.O.P.No.1629 of 2001 before the Sub-Court, Dharapuram claiming compensation of Rs.30,00,000/-. Before the Tribunal, the Insurance Company resisted the Claim Petition denying the manner of accident, age, income and status of the deceased.

(3.) Challenging the quantum of compensation, by placing reliance upon, (ASHA AND OTHERS VS. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER, 2004 ACJ 448 ) the learned counsel for Appellant - Insurance Company Mr.Arunkumar submitted that the Tribunal ought to have taken net salary received by the deceased for the purpose of arriving compensation and erred in taking gross salary for arriving compensation. It was further contended that the Tribunal also erred in applying 15 years multiplier without following the judgment (T.N. State Transport Corpn. Ltd. v. S. Rajapriya, 2005 AIR(SCW) 2542).