NATIONAL INSURANCE CO LTD Vs. DEVAKI

JUDGEMENT

(1.) The Appeal filed by the Insurance Company aggrieved by the quantum of compensation awarded to the claimants who have lost their breadwinner. Despite notice to the claimants, they have not engaged any counsel.

(2.) The facts relevant for decision in this appeal is extracted below:-

(3.) The Claim petition filed jointly by deceased Setharaman wife, his two children and parents, for a sum of Rs.25,00,000/-. The deceased Setharaman, had 8 acres of land, brick kiln and a tractor. Earning around Rs.1,00,000/- per year. He was 35 years old at the time of accident. The Insurance Company oppose the claim petition on the ground that the accident happened due to the negligence of the victim. He had no driving license and R.C to his vehicle. His earning capacity has been exaggerated. His earning was only Rs.2,000/- per month.