NATIONAL INSURANCE CO.LTD. Vs. CHELLAMMAL

JUDGEMENT

(1.) Quantum of Compensation is the only challenge, in the present Civil Miscellaneous Appeals, before us.

(2.) It is the case of the Respondent/Claimant that in the accident, which occurred on 18.11.2008, Rajalingam, a 48 year old man, sustained fatal injuries and died on the spot. Wife, aged 46 years and sons and daughters, aged 33, 30, 28 and 26 years respectively, have preferred a Claim Petition in M.C.O.P. No.21 of 2009, before the Motor accident Claims Tribunal (Subordinate Judge), Mettur, claiming Compensation of Rs. 50,00,000.

(3.) Before the Tribunal, the case of the Respondents/Claimants was that at the time of accident, the deceased, Rajalingam was aged 48 years, owned 15 acres of land. He was an agriculturist. That apart, he owned a Dairy Farm and vending Milk. Besides, he was operating five Buses for Kaveri College, on contract basis. According to them, from all the above sources, the deceased earned Rs. 2,50,000 per month. The Tribunal fixed the monthly income of the deceased as Rs. 50,000. For the purpose of assessing the Loss of Dependency, Rs. 17,000 is taken, i.e., 1 /3rd of the monthly income determined by the Tribunal and after applying 11 Multiplier, computed the Dependency Compensation as Rs. 22,44,000. That apart, the Tribunal has awarded Rs. 10,000 towards Loss of Consortium, Rs. 10,000 towards Loss of Love and Affection, Rs. 7.000 towards Damages to Clothes and Articles and Rs. 3,000 towards Transportation. Altogether, the Tribunal has awarded Rs. 22,74,000 as Compensation, with Interest at the rate of 7.5% per annum, from the date of claim, till the date of deposit.