BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD. Vs. KONAPPAN

JUDGEMENT

(1.) Being aggrieved by the quantum of Compensation of Rs. 17,10,000 with interest, at the rate of 7.5% per annum, awarded to the Legal Representatives of the deceased, from the date of claim, till deposit, the Appellant-Insurance Company, has filed the present Appeal, contending inter alia that the Claims Tribunal has erred in fixing the monthly income of the deceased as Rs. 15,000, by referring to the Salary structure payable to a Teacher in Government Schools and ignoring the fact that the deceased was not employed as a Teacher in any School. That apart, Compensation of Rs. 1,00,000 awarded for Loss of Love and Affection and Rs. 50,000 for Loss of Consortium, is assailed on the ground that it is excessive. As the challenge to the Award, is restricted only to the quantum of Compensation, there is no need to advert to the aspects of negligence and liability. Heard the learned Counsel for the parties and perused the materials available on record.

(2.) PW.1, husband of the deceased, has stated that at the time of accident, i.e., 15.8.2012, her wife was aged 30 years. Upon perusal of Ex.P6 - Teacher Training Certificate, the Claims Tribunal has noticed the Date of Birth of the deceased mentioned therein was 3.5.1982 and having regard to the date of accident, the Claims Tribunal has fixed the age of the deceased as 30 years. On the aspect of avocation and income, PW1, has deposed that at the time of accident, the deceased was taking Tuition and also by engaging in Tailoring, earned Rs. 12,000 per month. There is absolutely no document to support the contention that the deceased was employed as teacher in any Private School. However, the Claims Tribunal, on the presumption that the deceased would have been employed in Government Elementary School as Teacher and earned RS. 17,020 (Basic Pay - Rs. 5,200, Grade Pay - Rs. 2,800, Dearness Allowance -Rs. 8,560, House Rent Allowance - Rs. 360 and Medical Allowance - Rs. 100) and on that premise, fixed the Monthly Income of the deceased as Rs. 15,000.

(3.) When there is no document to prove avocation, the Claims Tribunal has fixed the monthly income at Rs. 15,000 and deducted 50% of the income (Rs. 7,500), towards Personal and Living Expenses of the deceased. Determination of the monthly income of Rs. 15,000 by the Claims Tribunal is wholly, without any basis and requires reduction. However, the Claims Tribunal has failed to award any amount towards Future Prospects.