LAWS(MAD)-2015-8-257

NATIONAL INSURANCE COMPANY LTD. Vs. PALANIAMMAL AND ORS.

Decided On August 12, 2015
NATIONAL INSURANCE COMPANY LTD. Appellant
V/S
Palaniammal And Ors. Respondents

JUDGEMENT

(1.) The Insurance Company, who is the second respondent before the Tribunal, is the appellant herein.

(2.) The claimants are the widow and minor children of one Sekar, who was the victim of the fatal accident, while travelling in a Mini Lorry, bearing Registration No.TN 57- C 2172, as cleaner of the Lorry, belonging to the first respondent/owner and insured with the second respondent/Insurance Company before the Tribunal.

(3.) The Tribunal rejected the contentions raised by the Insurance Company that the deceased was travelling in the Mini Lorry as gratuitous passenger and allowed the claim, and, having found that the deceased was on the date of the accident, aged 35 years and was earning Rs.3,000/- per month as cleaner of the Lorry, determined the loss of dependency of the claimants at Rs.4.08,000,by applying the multiplier method and by adding reasonable compensation under other heads, awarded total compensation of Rs.4,17,500/-.Aggrieved by the same, the present Appeal is filed by the second respondent/ Insurance Company before this Court.