NATIONAL INSURANCE COMPANY LTD Vs. K. MAHESWARI

JUDGEMENT

(1.) This appeal is filed against the award of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court) Erode in M.C.O.P No.47 of 2008 dated 18.02.2010 challenging the quantum of compensation awarded and negligence attributed to the driver of the vehicle owned by the 6th respondent.

(2.) The claim petition was filed by the wife, minor daughter and the parents of Mr.S.Kuppusamy who died in the fatal accident that took place on 07/10/2008. The claimants claimed that the deceased was a Manager in a private concern earning Rs.12,000/- per month. The Tribunal, after considering the oral as well as documentary evidence, awarded a sum of Rs.12,05,500/- with costs and interest @7.5% p.a as against the claim of Rs.25,00,000/-. Aggrieved, the present appeal has been filed.

(3.) Learned counsel for the appellant, assailing the judgment of the Tribunal, contended that the deceased was responsible for the accident which was admitted in the cross-examination by the eye witness PW2, that the Tribunal committed a grave error in brushing aside the entire evidence of the driver and without considering the provisions of the Motor Vehicles Act and the judgments has fixed the negligence on the driver, that without any basis presumed the income of the deceased at Rs.7,500/- per month and also committed an error by adopting the multiplier of 16, contrary to the various judgments of the Apex Court and therefore, sought for setting aside of the judgment of the Tribunal. The learned counsel also placed reliance upon the judgments MANOHARAN v. D.KANNAN AND OTHERS,2006 CDJ 2214 in support of his contention that when the deceased was solely responsible for the accident, no compensation can be awarded and judgments in UNITED INDA INSURANCE CO. LTD. v. BINDU & OTHERS,2009 CDJ 170 to contended that the multiplier adopted is wrong.