NEW INDIA ASSURANCE CO LTD Vs. MADHAMMAL

JUDGEMENT

(1.) AGGRIEVED by the award dated 29.01.2003 made in M.A.C.T.O.P. No. 228 of 1989, on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge) Dharmapuri, the appellant-Insurance Company has preferred this appeal.

(2.) IN an accident, which occurred on 18.9.1984, one Manickam, aged 45 years, died. His legal representatives, wife, 4 sons and 2 daughters, have claimed compensation of Rs.75,0007/-. According to them, at the time of accident, the deceased was an Agriculturist and earned Rs.800/- per month. New INdia Assurance Company Ltd., Bombay, appellant herein, resisting the claim, contending inter alia that the lorry bearing Registration No. MTG 5618, said to have been involved in the accident, was not insured with them. They also denied the manner of accident. Without prejudice to the above, they disputed the age, avocation and income of the deceased and the compensation claimed under various heads.

(3.) HAVING regard to the avocation pleaded, the Tribunal has fixed the monthly income of the deceased at Rs.500/- and after deducting 1/3rd towards his personal and living expenses and by applying '13' multiplier, applicable to the age group of 45 and 50 years, computed the dependency compensation at Rs.52,000/-. In addition to the above, the Tribunal has awarded Rs.2,000/- towards Funeral Expenses, Rs.5,000/- for loss of consortium and Rs.5,000/- for loss of love and affection for the Respondents 2 and 3. Altogether, the Tribunal has awarded a total compensation of Rs.63,000/- with interest at the rate of 9% per annum.