UNITED INDIA INSURANCE CO. LTD. Vs. S ARULSWAMY

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the Insurance Company and the claimants respectively against the Judgement and Decree dated 24.04.2008 made in MCOP.No.4497/2003 by the learned Additional District Judge, MACT, FTC-IV, Chennai.

(2.) By the impugned award, the Tribunal has awarded a sum of Rs.4,50,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization to the claimants, who are the parents of the deceased A.Santhana Don Bosco, who died in the motor accident that had occurred on 22.7.2003. In their respective appeals, the claimants seeks for enhancement of compensation, whereas the Insurance Company prays for reduction of compensation.

(3.) In the claim petition, it is averred that the deceased was 23 years old and was working as an Outdoor Salesman (Marketing) at K.Mart Food Stuff Trading Co., Dubai and had come down to India. Thereafter, he was working as a Sales Executive, Dynavision Associates, Chennai on temporary basis awaiting assignment at Dubai. According to the claimants, he was drawing a monthly salary of Rs.2750/- Dhs equivalent to Rs.28,000/- On the date of the accident, he was working as a Sales Executive and he was getting a monthly salary of Rs.8500/-. The Tribunal found that the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle. As regards the quantum of compensation, the Tribunal taking the monthly income as Rs.5000/- and after deducting Rs.2000/- towards his personal expenses, arrived at Rs.3000/- towards monthly contribution to the family and arrived at Rs.2,88,000/- for the loss of income for 8 years and at the rate of Rs.1000/- p.m. for 10 years, the loss of dependency was calculated at Rs.1,20,000/- and in total, a sum of Rs.4,08,000/- was awarded for loss of dependency. To this, the Tribunal added Rs.3000/- towards transportation expenses, Rs.4000/- towards funeral expenses and Rs.35,000/- towards loss of love and affection.