UNITED INDIA INSURANCE CO. LTD. Vs. VELUMYIL

JUDGEMENT

(1.) AGGRIEVED by the quantum of compensation, the Insurance Company is before this Court and similarly the claimants are also questioning the lesser quantum by way of Cross Objection.

(2.) IN the accident which occurred on 26.04.2002, one Mr.Balaji a B.E.(Electrical and Electronics) Engineering first year student died when he was travelling along with his friends in a Maruthi Esteem car which was hit by a lorry coming in the opposite direction driven rash and negligently. The claim petition to the tune of Rs.15,00,000/ - was filed and the same was resisted by the Insurance Company. On enquiry, the Tribunal found that the accident occurred because of the rash and negligent driving of the lorry and determined the compensation at Rs.6,50,000/ -. Aggrieved by the quantum alone, the Insurance Company as well as the claimants are before this Court.

(3.) ON the other hand, Mr.Ma.Pa.Thangavel, learned counsel appearing for the claimants would submit that Rs.5,000/ - determined by the Tribunal as monthly income is too low and seeks for enhancement of compensation relying upon a Division Bench Judgment of this Court in National Insurance Company Limited versus T.A.Nickolas and two others reported in 2009 (1) TNMAC 373 and un -reported judgment of a Division Bench in C.M.A.No.2619 of 2009 in the case of Oriental Insurance Company Limited versus Arun Kumar and three others decided on 04.01.2012 and judgment of this Court in the Divisional Manager, the New India Assurance Company Limited versus T.Chelladurai and two others reported in 2009 (4) CTC 469. In the above cases either engineering student got injured or died. The two Division Bench judgments determined the monthly income of the Engineering student at Rs.10,000/ - whereas, this Court determined the monthly income at Rs.7,000/ -. Relying upon those judgments, the counsel for respondents seeks for enhancement of monthly income of the deceased. He further submitted that the future income is required to be added as per Sarala Verma case and added that no amount was awarded towards transportation.