UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD. Vs. UMA

JUDGEMENT

(1.) Universal Sompo General Insurance Co. Ltd., Mumbai, has questioned the quantum of compensation of Rs.14,55,715.00, with interest, at the rate of 7.5% per annum, from the date of claim till deposit, awarded to the wife, two minor children, and parents of one Thirunavukkarasu, who died in the accident, which occurred on 22.02.2011.

(2.) Before the Claims Tribunal, respondents/legal representatives of the deceased claimed that, at the time of accident, the deceased was aged 32 years, and as a Cutting Operator in Ittarus Shoe Company, Ambur, earned a sum of Rs.6,000.00 per month. Age of the deceased was fixed as 33 years, on the basis of Date of Birth, mentioned in Ex.P-12, Transfer Certificate. To prove the avocation, besides oral evidence, respondents/claimants have marked Ex.P-7 -Salary Slips (Series). Accepting the avocation pleaded, and taking note of Ex.P-7 series, monthly salary slips, the Claims Tribunal fixed the income of the deceased as Rs.6,000.00 per month. Having regard to the age of the deceased, the Tribunal added up 50% towards future prospects and fixed the income as Rs.9,000.00 per month, for the purpose of computing the loss of dependency. Taking note of the judgment of the Honourable Supreme Court in Sarala Verma Vs. Delhi Transport Corporation, 2009 (6) SCC 121 , the Tribunal applied 17 multiplier. As there were five dependants, the Tribunal deducted 1/4th towards personal and living expenses of the deceased. The Tribunal worked out the loss of dependency as Rs.13,77,000.00 (Rs.9,000 x 1/4 x 17x 12).

(3.) Taking note of Ex.P-5 - Medical Bills, the Tribunal has awarded Rs.3,715.00 towards Medical Expenses. Rs.5,000.00 has been awarded for transportation. For loss of love and affection, the Tribunal has awarded Rs.10,000.00 each to the legal representatives. Altogether, a sum of Rs.50,000.00 has been awarded under the said head. In addition to the above, the Claims Tribunal has awarded Rs.5,000.00 for funeral expenses and Rs.15,000.00 for loss of consortium. In fine, the Tribunal awarded a sum of Rs.14,55,715.00, as compensation to the legal representatives of the deceased, with interest, at the rate of 7.5% per annum from the date of petition till realisation.