BRANCH MANAGER, NATIONAL INSURANCE CO. LTD Vs. KARUPPASAMY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is at the instance of the Insurance Company on a short, but interesting legal question.

(2.) The case of the Appellant is that the Policy of Insurance is not a regular Policy, but, is one which is a "Contractor's Plant and Machinery Insurance" Policy and therefore, the claim made under the Motor Vehicles Act was not maintainable.

(3.) The Tribunal awarded a sum of Rs.17,00,000.00 to the Claimants, holding that the Appellant was liable to compensate the claims of the deceased on the ground that the Boom Lift, which was involved in the accident was a Motor Vehicle. Assessing the Compensation under various heads, the Tribunal came to the conclusion that the Appellant was liable to pay a total sum of Rs.17,00,000.00 as Compensation, taking Rs.9,000.00 as the Monthly Income of the deceased and added 50% (Rs.4,500.00) towards Future Prospects and applied a Multiplier of '18' and awarding Rs.2,00,000.00 to the Claimants 1 & 2 towards Loss of Love & Affection and also awarded Compensation under the Conventional heads.