UNITED INDIA INSURANCE CO LTD Vs. SULOCHANA

JUDGEMENT

(1.) THIS is an appeal by the insurance company against the order of the Tribunal questioning the liability to pay the compensation. There is a cross-objection also by the claimants seeking enhancement of the compensation.

(2.) IT is seen that the accident occurred on 9. 10. 1995 at 4 a. m. , resulting in the death of the motorcyclist Sekar. Claimants are the wife, mother and the minor child of the deceased. The deceased was stated to be 40 years old at the time of the accident. The claimants made a claim petition for a sum of Rs. 25,00,000. The Tribunal found that the accident was due to negligent driving of the van driver. On the basis of the evidence of PW 2, the eyewitness and in the absence of any evidence to the contrary, the Tribunal fastened the liability on the respondent No. 1, who was insured with the respondent No. 2 appellant herein. Claims Tribunal noted that the deceased was a Lecturer in the Arignar Anna Arts college and fixed the compensation at rs. 18,30,000 with interest at 9 per cent per annum, which includes Rs. 18,00,000 (Rs. 15,000 x 12 x 10) towards contribution, rs. 5,000 for medical bills, Rs. 5,000 for damage to the vehicle and Rs. 20,000 towards loss of consortium and loss to the estate. Insurance company is in appeal, challenging the award that it is not in consonance with the facts and circumstances of the case. They also questioned the income fixed by the Tribunal at Rs. 20,148 per month.

(3.) A perusal of the order shows that the deceased was working in the Arignar Anna arts College as a Lecturer in Chemistry and was earning a sum of Rs. 9,635 per month.