THE DIVISIONAL MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, NO. 46, WHITES ROAD, ROYAPETTAH, CHENNAI Vs. UMA MAHESWARI AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The Insurance Company has filed this appeal questioning the impugned award on the ground of negligence as well as quantum. It is seen that in support of their pleadings of negligence on the deceased, no evidence was let in before the Tribunal. Therefore, I am in a position to agree with the learned counsel of the appellant in this regard. Coming to the issue of quantum, it is seen that the deceased was aged 40 years and he was a self employed person. Therefore the monthly income has to be taken as Rs. 6,500/-. By applying the judgment of the Hon'ble Supreme Court in the decision held in National Insurance Company Limited v. Pranay Sethi and Ors. 2017 (2) An.W.R. 529 (SC) dated 31.10.2007 , 25% will have to be added towards future prospects. Since there are four dependants, ¼th deduction has to be made. Therefore the monthly income available for the family would be at Rs. 6,100/- x 12 x 14=Rs.10,24,800/-. The pecuniary loss would be Rs. 10,24,800/-. Rs. 15,000/- can be awarded towards loss of life estate. Rs. 15,000/- can be awarded towards funeral expenses. Rs. 40,000/- can be awarded towards loss of consortium. For loss of love and affection Rs. 2,00,000/- can be awarded. For transport expenses Rs. 10,000/- can be awarded. For medical expenses Rs. 13,77,125/- can be awarded.

(3.) The compensation payable to the claimants will have to be reworked as under:- <FRM>JUDGEMENT_88_LAWS(MAD)11_2017_1.html</FRM>