NATIONAL INSURANCE COMPANY LIMITED Vs. SHAIK ANWAR BASHA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the National Insurance Company Limited against the Judgement and Decree dated 28.9.2005 made in MCOP.No.1029/2002 by the learned Additional District Judge (FTC-V) (MACT) Coimbatore, whereby the Tribunal awarded a sum of Rs.7,73,000/- as total compensation with interest at 9 per cent p.a. to the claimants/the Respondents 1 and 2 herein, who lost their unmarried daughter in the motor accident that had occurred on 25.8.2001.

(2.) THE accident dated 25.8.2001 resulted in the death of the deceased S.Ashraaf Sultana, who was aged about 21 years at the time of the accident. The deceased was working as a Fashion Designer in M/s.Arora Group of Companies and was earning Rs.5500/- p.m. The Tribunal, after holding that the accident had occurred only due to the rash and negligent driving of the lorry driver, determined the monthly income of the deceased at Rs.5500/- and after deducting 1/3rd towards her personal expenses and applying the multiplier of 17, taking into account the age of the deceased, arrived at the loss of dependency at Rs.7,48,000/-. To this, the Tribunal has added Rs.10,000/- each to the claimants for loss of love and affection and Rs.5000/- for funeral expenses and in all, a sum of Rs.7,73,000/- was awarded as total compensation to the claimants with interest at 9 per cent p.a.

(3.) THIS court heard the submissions of the learned counsel on either side and also perused the materials placed on record.