NEW INDIA ASSURANCE COMPANY LTD Vs. K REVATHY

JUDGEMENT

(1.) The above Appeal is directed against the Award dated 22.7.2004 made in MACTOP.No.1803 of 2002 by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the respondents 1 and 2 have filed the claim petition before the Tribunal below claiming a compensation of Rs.8 lakhs for the death of their son K.Thomas aged about 19 years, in a road accident caused due to the rash and negligent driving of the driver of the vehicle belonging to the third respondent for which the appellant is the insurer.

(3.) The Tribunal below having framed its own points for consideration, has conducted a thorough enquiry into the matter wherein on behalf of the claimants they would examine four witnesses for oral evidence as P.Ws.1 to 4 and would mark six documents for documentary evidence as Exs.A.1 to A.6 and on behalf of the respondents, the evidence adduced on their behalf, in all, is nil. Thereupon, in consideration of the facts and circumstances of the case, the Tribunal below would hold that the accident occurred only due to the rash and negligent driving of the driver of the third respondent herein and fixing the monthly income of the deceased at Rs.3,750/= and deducting 1/3rd of the amount from out of it towards his personal expenses and arriving at a sum of Rs.2,500/= as the dependency of the claimants and applying a multiplier of 16, has awarded a sum of Rs.4,80,000/= towards loss of dependency. The Tribunal below would also award a sum of Rs.10,000/= towards pain and suffering, Rs.10,000/= towards loss of expectation of life, Rs.5,000/= towards loss of love and affection and Rs.5,000/= towards funeral expenses thus awarding a total sum of Rs.5,10,000/= as compensation to the claimants. It is only aggrieved against the said findings of the Tribunal below, the insurance company has come forward to prefer the above Civil Miscellaneous Appeal on certain grounds as brought forth in the grounds of appeal.