NEW INDIA ASSURANCE CO LTD Vs. GOWSALYA RAMASAMY

JUDGEMENT

(1.) THIS appeal arises against the judgment and decree dated 24.11.2005 made in M.C.O.P.No.812 of 2004, on the file of the Motor Accidents Claims Tribunal,(Principal District Judge) Erode.

(2.) THE facts necessary for the disposal of this Civil Miscellaneous Appeal are as follows: THE Insurance company is the appellant herein. One Ramaswamy who was an additional Superintendent of Police meet his death on 04.04.2004 at about 11.30a.m. On the said day, he was driving his car when a lorry bearing registration No.TN-57-7389 insured with the appellant corporation dashed against the car resulting in the said Ramaswamy suffering multiple grievous injuries and dying on the spot. His legal heirs comprising wife and two major children raised a claim petition informing of the deceased being aged 57 years at the time of his death of his promotional opportunities and sought compensation in a sum of Rs.30,00,000/-.

(3.) IN appeal, neither the accident, negligence or the liability to pay compensation is disputed. The quantum of compensation is disputed by informing that as the deceased had only 19 months of service left, the multiplier adopted ought not to have been '8' but ought to have been '6' as such was the multiplier fixed in a case similar to the present one. IN the decision in K.Rengasamy and Another vs. Revathi and Others, in 2008(5) MLJ 580, it has been held as follows: