IFFCO-TOKIO GENERAL INSURANCE CO. LTD. Vs. RAMAMANI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 28.09.2018 passed by the learned Additional District Judge, Additional District Court-cum-Motor Accidents Claims Tribunal, Hosur in M.C.O.P. No.291 of 2017.

(2.) The learned counsel appearing on behalf of the appellantInsurance Company mainly contended that the Tribunal has committed an error in appreciating the evidence of RW-1 as well as Exs.P-4, P-5 and Exs.R-2 to R-4, so as to infer that the lorry driver had no valid driving license to drive the lorry involved in the accident.

(3.) The Tribunal has not considered the fact that except the first respondent, all other respondents are not dependents of the deceased and therefore, the deduction ought not to have exceeded one-third (1/3 rd). The deduction made by the Tribunal is erroneous in view of the fact that the non-dependents of the deceased were also considered as dependents for the purpose of award of compensation. Further, the learned counsel for the appellant reiterated that the fixation of monthly income of Rs.11,000/- is exorbitant and grant of 25% towards future prospects is also improper. Taking note of all these reasons, the learned counsel for the appellant is of an opinion that the quantum of compensation awarded by the Tribunal deserves to be reduced, as the very award itself, regarding calculation of compensation, is erroneous.