MANAGER NATIONAL INSURANCE CO. LTD. Vs. SRUTHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimant against the Judgment and Decree dated 21.10.2019 made in M.C.O.P.No. 87 of 2017 on the file of Motor Accident Claims Tribunal, Special District Court, Tiruvallur.

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

(3.) Mr.S.Arun Kumar, learned counsel for the appellant/Insurance Company submitted his arguments. As per his submissions, the deceased was employed as Technician in Renault Nissan Automotive Private Limited, Oragadam, Sriperumbudur and he was paid Rs.35,266/- per month. The salary certificate was marked as Ex.P.20. On perusal of the same, it is found that there are many allowances like Laundry, conveyance etc.,. These allowances would not come under regular salary and these are not contributed to the family also. Therefore, the same have to be deducted and only then the actual salary could be arrived at, which would be Rs.23,000/-. Instead of that, the Tribunal had fixed the salary as Rs.32,000/- and arrived at the loss of dependency as Rs.64,74,960/-. Therefore, the award passed by the Tribunal is excessive. Therefore, this appeal has been filed by the Insurance Company on the question of quantum alone. If the various allowances, apart from the regular salary, are deducted, the actual salary would be Rs.23,000/- only and the appellant/Insurance Company has no objection in fixing the actual salary and applying the multiplier and awarding the compensation.