UNITED INDIA INSURANCE COMPANY LIMITED Vs. KRISHNASAMY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 28.2.2002 made in MCOP.No.161/1998 by the learned Subordinate Judge (MACT) Namakkal, whereby the Tribunal awarded a sum of Rs.4,01,000.00 as total compensation with interest at 9 per cent p.a. from the date of the claim petition till the date of realization to the claimant/the 1st Respondent herein, who is the father of the deceased Premkumar, who died in the motor accident that had occurred on 25.9.1997.

(2.) THE deceased was 26 years old and was employed as a labourer in Arumigu Chandikeswarar Polytechnic, Karumathampatty and he was drawing a monthly salary of Rs.4000.00. THE Tribunal, after considering the salary certificate Ex.P3, has fixed the monthly income at Rs.4000.00 and after deducting 1/3rd towards his personal expenses, determined the annual loss of dependency at Rs.36,000.00. THE Tribunal has applied the multiplier of 11, considering the age of the father of the deceased, who was aged 51 years at the time of the accident and awarded a sum of Rs.3,96,000.00 towards the total loss of dependency. Further, the Tribunal has awarded Rs.5000.00 towards loss of love and affection and totally, the Tribunal awarded a sum of Rs.4,01,000.00 as total compensation with interest at 9 per cent p.a.

(3.) ON the other hand, the learned counsel for the 1st Respondent/claimant has supported the impugned award in all respects.