CHOLAMANDALAM GENERAL INSURANCE CO.LTD. Vs. MURKESAN

JUDGEMENT

(1.) The appeal has been filed by the appellant insurance company M/s. Cholamandalam General Insurance Company Ltd. (- "Cholamandalam Insurance Co.- "), against the award dt.24/1/2018 in MCOP No. 341/2017, on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Jeyamkondan, on the ground that the quantum was excessive.

(2.) The claim was filed by parents of the deceased minor boy aged 7 years and studying in 2nd standard, at the time of his unfortunate death, seeking a compensation of Rs.25,00,000/-. The tribunal chose to award Rs.9,05,000/- with interest at 7.5% p.a. from the date of filing of the claim petition till date of deposit of award plus costs, payable by the appellant insurance company.

(3.) It is the case of the appellant that the- notional income fixed at Rs.9,000/-p.m. was speculative and as such the ultimate award was too high. This Court has given its anxious consideration to the submission made by the insurer. It is unable to agree with the same for the following reasons.