NATIONAL INSURANCE CO. LTD. Vs. USHA AND ORS.

JUDGEMENT

(1.) The only challenge in this appeal, is to the quantum of compensation of Rs. 33,06,600/- awarded with interest at the rate of 7.5% per annum from the date of claim till deposit and costs, to the legal representatives of the deceased viz., wife, minor daughters aged 12 and 4 years respectively and mother aged 65 years, on the ground that the monthly income fixed by the tribunal, for the purpose of computing the loss of contribution to the family, is excessive.

(2.) In the accident, which occurred on 06.12.2003, involving a Tata Indica Car bearing Regn. No. KA17-M-2938 and a lorry bearing Regn. No. KA-01-AC-6688, insured with the appellant insurance company, a 43 years old, Manager [Sales] in Universal Capsules Private Limited, Bangalore, who travelled in a Tata Indica Car, sustained fatal injuries and died on the spot. Under various heads, his legal representatives, claimed compensation of Rs. 60,00,000/- in M.C.O.P.No.331 of 2006 on the file of the Motor Accident Claims Tribunal, [Chief Judicial Magistrate], Krishnagiri.

(3.) On analysis of oral and documentary evidence, the claims tribunal fixed negligence on the driver of the lorry bearing Regn. No. KA-01-AC-6688 and insured with the appellant insurance company and awarded a sum of Rs. 33,06,600/- as compensation, with interest, at the rate of 7.5% per annum, from the date of claim till deposit and costs, as hereunder:- <FRM>JUDGEMENT_212_LAWS(MAD)6_2017_1.html</FRM>