ROYAL SUNDARAM INSURANCE CO LTD Vs. PADMAVATHY

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.18,46,000/- with interest, at the rate of 7.5% per annum, awarded to the legal representatives of the deceased, from the date of claim, till deposit and costs, the Royal Sundaram Insurance Company, has filed the present appeal, contending inter-alia that the Claims Tribunal has erred in fixing the monthly income of the deceased as Rs.10,000/-, without any basis. Addition of 50% towards future prospects, has been questioned on the grounds that the deceased was not permenantly employed in any stable job. That apart, compensation of Rs.50,000/- towards pain and suffering to the accident victim, is assailed on the ground that it is excessive. As the challenge to the award, is restricted only to the quantum of compensation, there is no need to advert to the aspect of negligence and liability.

(2.) Pw.1, Mother of the deceased, has stated that at the time of accident, i.e., on 17.11.2011, her son was aged 25 years. Upon perusal of Ex.P3 - Post-mortem Certificate, the Claims Tribunal has fixed the age of the deceased as 25 years. On the aspect of avocation and income, PW.1, has deposed that at the time of accident, the deceased was working as Supervisor in Gugan Sizing Mill, Seenivasampalayam and earning Rs.10,000/- per month. To support the same, she has examined one Mr.Sundaram, Manager of Gugan Sizing Mill, as PW.3 and through him, she marked Ex.R1 - Authorisation Letter, Ex.R2 - Pay Bill Register, Ex.R3 - Attendance Register, Ex.R4 - Salary Certificate, Ex.R5 - Pay Drawn Register and Ex.R6 - Certificate issued by the Sub-Registrar. In the absence of any contra evidence, the Claims Tribunal has fixed the monthly income of the deceased as Rs.10,000/- and thereafter, placing reliance on a decision of the Hon'ble Apex Court in Rajesh v. Rajbir Singh, 2013 2 TNMAC 55, added 50% of the monthly income, ie. Rs.5,000/- and thus, fixed the monthly income as Rs.15,000/- (Rs.10,000 + Rs.5,000/-), for the purpose of computing the loss of contribution to the family.

(3.) At the time of accident, the deceased was aged 25 years. For the purpose of applying the multiplier, the Claims Tribunal has considered the decision in Sarla Verma v. Delhi Transport Corporation, 2009 4 LW 561 and accordingly, applied '18' multiplier. The deceased was a Bachelor. The Claims Tribunal, has deducted 1/3rd towards personal and living expenses of the deceased. Thus, the Claims Tribunal has arrived at the loss of dependency at Rs.14,40,000/- (Rs.15,000/- x 12 x 18 x 1/3rd).