LAWS(MAD)-2014-3-240

ORIENTAL INSURANCE CO LTD Vs. MUNUSAMY; S PERUMAL

Decided On March 26, 2014
ORIENTAL INSURANCE CO LTD Appellant
V/S
Munusamy; S Perumal Respondents

JUDGEMENT

(1.) Accident is not disputed. Quantum of compensation of Rs.4,68,000/-, with interest at the rate of 7.5% per annum, from the date of claim, till the date of realisation, awarded to the husband of the deceased, Muthammal, is the challenge, on the grounds inter alia that,

(2.) Section 166 of the Motor Vehicles Act is extracted hereunder:

(3.) In the case on hand, the respondent/claimant is the husband. In motor accident claims, loss of contribution to the family is determined, based on the age, avocation and income of the deceased. While computing the same, appropriate multiplier is taken. Deduction from the monthly income towards the personal and living expenses of the deceased is also one of the factors, which depends upon the number of persons, who have lost the contribution from the deceased.