LAWS(MAD)-2012-11-349

NATIONAL INSURANCE COMPANY LTD. Vs. ARUNA DEVI

Decided On November 09, 2012
NATIONAL INSURANCE COMPANY LTD. Appellant
V/S
ARUNA DEVI Respondents

JUDGEMENT

(1.) INSURANCE Company is on appeal as against the order of the Tribunal, granting a compensation of Rs.14,83,000/ -.

(2.) THE accident occurred on 23.12.2005. The claimants are the wife, minor children and parents of the deceased Ganesan. Admittedly, as on the date of death, he was 40 years and five months old. The Tribunal pointed out that while the deceased was driving a two wheeler to Pollachi Main Road, the van, insured with the appellant herein, driven in a rash and negligent manner, caused the accident. The victim sustained injuries and died later. Based on the evidence of PW2 - an eyewitness, the Tribunal came to the conclusion that the van driver was responsible for causing the accident.

(3.) LEARNED counsel for the appellant submitted that the question raised before this Court is restricted to the award of compensation, particularly regarding the pecuniary loss. She pointed out that there was no evidence as regards the ownership of four lorries by the deceased as on the date of the accident and the multiplier adopted at 15 as against 14 is contrary to the Second Schedule. However, as regards the compensation awarded under other heads, she has no grievance.