UNITED INDIA INSURANCE Vs. B. VIJAYALAKSHMI

JUDGEMENT

(1.) ALL the appeals and cross objection have been filed challenging the common judgment passed by the II Court of Small Causes, Chennai, dated 14.03.2005.

(2.) IN respect of the claim made by the claimants in M.C.O.P.No. 1730 of 20009( C.M.A.No.1349 of 2006) a sum of Rs.5,00,000/ - has been claimed in respect of death of 9 year old student, who died in an accident that took place on 25.01.2000. The Tribunal quantified the compensation under the following heads: Heads Amount (Rs.) Funeral expenses Rs.5,000/ - Loss of pecuniary benefits and loss of expectation of life Rs.2,55,000/ - Loss to estate Rs. 20,000/ - Mental agony Rs. 20,000/ - Total Rs.3,00,000/ -

(3.) THE contention of the insurance company is that there was no pecuniary loss at all and therefore, compensation can be granted only towards loss of expectation of life and that no amount can be awarded towards mental agony.