P. INDUMATHI Vs. S. KESAVAN

JUDGEMENT

(1.) This appeal has been taken up for hearing with the consent of both parties. The respondent/insurer has communicated their consent, along with the consent of the counsel appearing on behalf of the claimants which they have obtained through digital mode, namely,Whatsapp messages. This court is satisfied with the consent expressed by both the sides through such digital mode, given the peculiar circumstances created by the pandemic- COVID19.

(2.) The appeal has been filed by the claimants seeking enhancement in the award from Rs.20,43,696.00 with interest, for the death of Mr. S. Muthu Kumaran who was said to be earning Rs.12,711.00 per month. The insurer submitted that the award may be justified since there is no single formula for assessment, and that, as such, there was an unavoidable element of guess work in the estimation.

(3.) Be that as it may, this court, prima facie, feels that there is material to allow an enhancement. There is credible proof for the age, employment and possible income of the victim. The tribunal has chosen to award as per the assessment in the following table: <IMG>JUDGEMENT_99_LAWS(MAD)5_2020_1.jpg</IMG>