NATIONAL INSURANCE CO LTD Vs. KARUNAYAMMAL

JUDGEMENT

(1.) ON 07. 04. 2000 at about 12. 00 a. m. , while the deceased Kanagaraj was standing on the left side of the Palladam Udumalai Road ,a Van bearing Registration No. TCL 1114 was driven by its driver in a rash and negligent manner, dashed against him and he died in the accident. The Tribunal has fixed the responsibility for causing accident upon the driver of the van. The said observation of the Tribunal is not debatable before this Court.

(2.) ON account of quantum of compensation arrived at by the Tribunal, learned counsel for the appellant insurance Company assails it very much, stating that it is on the higher side. The deceased was aged about 40 years at the time of accident and he was earning rs. 50 ,000 /- per annum by working as a lorry driver, besides he was engaged in agriculture and milk vending business. But as evident from the Certificate issued by the Headquarters Deputy Tahsildar , Dharapuram , the Tribunal has taken into account the evidence adduced on behalf of the claimants that the monthly income of the deceased was Rs. 7,000/ -. For the purpose of compensation, Rs.3 ,500 /- was taken as monthly income of the deceased and total loss of annual income was calculated at Rs. 42,000/ -. As per the Schedule appended to the Motor Vehicles Amendment Act, the Tribunal adopted 16 multiplier and total loss of income was reached at Rs. 6,72,000/- in which 1/3rd was deducted towards the personal expenses of the deceased and the dependency was fixed at Rs. 4,48,000/ -. The Tribunal has awarded Rs. 2 ,000 /-for funeral expenses and totally Rs. 4,50,000/- has been awarded as compensation.

(3.) IN fine, the appeal is partly allowed. No costs. .