SBI GENERAL INSURANCE COMPANY LTD. Vs. KANNAMMAL

JUDGEMENT

(1.) The Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 26.11.2018 passed in M.C.O.P. No. 1146 of 2016 on the file of the learned II Additional District and Sessions Judge, II Additional District and Sessions Court-cum-Motor Accidents Claims Tribunal, Tiruppur.

(2.) M/s. SBI General Insurance Company Limited is the appellant, questioned the award mainly on quantum.

(3.) The learned counsel appearing on behalf of the appellant-Insurance Company reiterated that the Tribunal has erroneously calculated the compensation and the compensation granted by the Tribunal is excessive. The Tribunal has committed the basic error by not deducting the family pension being received by the wife of the deceased. The deceased, admittedly, was a pensioner and after his demise, his family was getting the family pension. Therefore, the Tribunal ought to have deducted the amount of family pension for the purpose of calculating the compensation.