ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. KARUPPAYEE

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred against the award made in M.C.O.P.No.48 of 2012, dated 30.09.2013 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge) Periakulam.

(2.) The Appellant/Insurer has not disputed the liability, but only challenged the quantum of compensation arrived at and the mode of calculation. Admittedly, the first respondent/first claimant is the wife, the respondents 2 to 5/claimants 2 to 5 are the daughters and the 6th respondent/6th claimant is the son of the deceased Sundarraj. The claimants' case is that the deceased Sundarraj was aged about 65 years on the date of accident, that he was working as a mason and was earning a sum of Rs.500/- per day, that the claimants were only depending upon the income of the deceased and that therefore, they have claimed total compensation of Rs.10,00,000/-.

(3.) During enquiry, the first claimant and two others have been examined as P.W.1 to P.W.3 respectively and six documents have been exhibited as Ex.P.1 to Ex.P.6. The seventh respondent herein, owner of the vehicle, had remained exparte before the trial Court. The Appellant/Insurer has adduced neither oral nor documentary evidence.