ORIENTAL INSURANCE COMPANY LTD. Vs. MANIMEKALAI AND ORS.

JUDGEMENT

(1.) Being aggrieved by the award made in MCOP. No. 369 of 2012, dated 30.06.2014, by the Motor Accident Claims Tribunal, Principal Sub Judge, Kumbakonam the appellant has filed this appeal. As the challenge is limited only to quantum of compensation of Rs. 13,56,000/ - with interest, @ 7.5% per annum, awarded to the legal representatives of the deceased, there is no need to advert to the finding of the Tribunal, fixing negligence on the driver of the offending vehicle, insured with the appellant company and the consequential liability.

(2.) The Tribunal has awarded compensation of Rs. 13,56,000/ - with interest, @ 7.5% per annum under the following heads: -

(3.) Material on record discloses that the claimants are the mother and sister of the deceased. At the time of accident, the deceased was aged 21 years and a student of DME III year, Mass Poly Technic College, Kumbakonam. Considering Ex.P10 -consolidated mark sheet of the deceased issued by the Polytechnic college, and by observing that had the deceased been alive, he would have completed the course, got a job and earned Rs. 9,000/ - per month, the Tribunal fixed Rs. 9,000/ - as the monthly income of the deceased and deducted 1/3rd towards his personal and living expenses. Applying 18 multiplier, the Tribunal quantified the compensation towards loss of income as Rs. 12,96,000/ - (Rs. 6000X12X18). In addition to the above, the Tribunal has awarded Rs. 50,000/ - (Rs. 25,000/ - each) to the respondents 1 and 2 towards loss of love and affection and Rs. 10,000/ - towards funeral expenses.