UNITED INDIA INSURANCE CO LTD Vs. MUNISUBBA REDDY

JUDGEMENT

(1.) The appeal is filed by the Insurance Company challenging the award passed by the Tribunal in M.C.O.P.No.603 of 2005 filed by the dependants of the accident victim Mrs.Banumathi, aged 40 years. As per the claim petition, while the deceased Banumathi was travelling in the two wheeler on the pillion along with her brother Chandra Sekaran, a Tata sumo bearing Reg.No.TN 20 V 9258 proceeding from Thandalam to Periyapalayam driven by its driver in high speed, rash and negligent manner hit the two wheeler, near Revathy agency Petrol bunk. In the said accident, both the rider Chandra sekar as well as the pillion rider Mrs.Banumathi died.

(2.) This appeal is preferred against the award passed by the Tribunal in the claim petition filed by the dependants of Mrs.Banumathi.

(3.) The Tribunal taking note of the evidence placed before it, had fixed the income of the deceased at Rs.4,000/- per month, as against the claim of the claimants that she was earning a sum of Rs.7,000/- through milk business. Similarly fixed her age as 40 based on the Post Moterm Report. Multiplier 16 was applied for computing the Loss of income. After deducting 1/3 towards the personal expenditure, a sum of Rs.5,18,400/- was paid for loss of income. Rs.10,000/- for loss of consortium for the first claimant, Rs.5,000/- for Transport charges, Rs.15,000/- for Mental agony, Rs.15,000/- for loss of love and affection in so far as the claimants 2 to 5 and Rs.15,000/- for loss of estate and Rs.10,000/- for Funeral Expenses in total a sum of Rs.5,88,000/- was awarded by the Tribunal.