RELIANCE INSURANCE CO.LTD. Vs. M.PREMA

JUDGEMENT

(1.) The appellant/second respondent has filed this Civil Miscellaneous Appeal against the Judgment and Decree, dated 30.11.2015 made in M.C.O.P.No.2222 of 2014 by the learned V Additional District Judge, Motor Accident Claims Tribunal, Madurai.

(2.) It is a case of the fatal accident. The accident took place on 29.08.2014 at about 3.00 p.m., in Theni to Madurai main road and the legal heirs of the deceased filed an application seeking compensation before the Motor Accidents Claims Tribunal, Madurai and the Tribunal passed an award granting compensation of Rs.11,80,000/-.

(3.) Challenging the award, the appellant/second respondent has filed the present appeal on the ground that the monthly income fixed by the Tribunal as Rs.9,000/- was erroneous and baseless. The monthly income was calculated without adducing any proper evidence and therefore, the monthly income fixed by the Tribunal has to be modified. The notional monthly income adopted in such cases where there are no evidences, accordingly, the monthly income has to be taken as Rs.6,000/-.