RELIANCE GENERAL INSURANCE CO. LTD. Vs. M.KALA

JUDGEMENT

(1.) This appeal is preferred by the Insurance Company against the award of a sum of Rs.6,43,000/- by the Tribunal towards compensation to the respondents 1 to 7 / claimants, due to the death of the deceasedNeelavathy in a motor vehicle accident.

(2.) The case in brief, is as follows:

(3.) The learned counsel for the appellant Insurance Company has not questioned the manner in which the accident took place. But he submitted that the Tribunal failed to note that the respondents 1 to 7 herein are not the dependants of the deceased and hence they are not entitled to claim loss of dependency; that the Tribunal has erred in fixing Rs.6,500/- per month as income of the deceased, in spite of the fact that the deceased was aged more than 70 years and dependent upon the respondents 1 to 7 herein; that in any event, the Tribunal has erred in fixing the annual dependency at Rs.39,000/- and capitalised the loss for 7 years without any basis. He finally submitted that the Tribunal has erred in awarding Rs.3,50,000/- towards loss of love and affection after granting Rs.2,73,000/- towards loss of income. In all, he submitted that the total compensation awarded by the Tribunal is excessive and exorbitant and hence the same has to be reduced substantially.