NATIONAL INSURANCE CO. LTD., Vs. ROSI

JUDGEMENT

(1.) In the accident, which occurred on 17.10.2013, son of the first respondent/claimant, aged 23 years, died. Mother of the deceased claimed compensation of Rs. 15,00,000.00. The appellant-Insurance Company, disputed the manner of accident, negligence on the part of the rider of the motorcycle, insured with them and consequently, liability to pay compensation claimed under different heads. Before the Tribunal, the first respondent/claimant examined herself as PW.1. PW.2 is an eyewitness to the accident. Exs.P1 to P8 have been marked on the side of the respondent/claimant. On behalf of the appellant-Transport Corporation, no oral or documentary evidence has been adduced. The Tribunal, on evaluation of pleadings and evidence, held that the rider of the motorcycle, owned by the 2nd respondent and insured with the appellant-Insurance Company, was responsible for the accident and awarded Rs. 15,00,000.00 with interest at the rate of 7.5% per annum from the date of claim, till the date of realisation and costs.

(2.) It is the case of the legal representative of the deceased that at the time of accident, he was studying in Master of Business Administration and to prove the educational qualification, the respondent/claimant has marked Exs.P5 and P8 - Transfer and Degree Certificates, pertaining to Bachelor of Business Administration. By observing that since the deceased had completed Bachelor of Business Administration, he would have had a good fortune, the Claims Tribunal determined his monthly income as Rs. 8,500.00. As he was a bachelor, the Tribunal deducted 50% towards his personal and living expenses, which works out to Rs. 4,250.00 [Rs.8,500 - Rs. 4,250 (50% of the monthly income)]. Based on the entry in Ex.P5 - Transfer Certificate and following the decision of the Honourable Apex Court in M. Mansoor Vs. United India Insurance Co. Ltd., reported in 2013 (2) TN MAC 481 (SC), the Tribunal fixed his age as 23 years. Thereafter, by applying '17' multiplier, computed the loss of contribution to the family as Rs. 8,67,000.00 (Rs.4,500 x 12 x 18). In addition to the above, the Tribunal has awarded Rs. 50,000.00 under the head, loss of love and affection, Rs. 15,000.00 for funeral expenses, Rs. 10,000.00 for transportation, Rs. 2,000.00 towards damages to clothes and articles and Rs. 5,78,200.00 for the medical expenses incurred in the hospital. Altogether, awarded a sum of Rs. 15,22,200.00. Since the claim itself, is for Rs. 15,00,000.00, the Claims Tribunal has awarded only Rs. 15,00,000.00, with interest, at the rate of 7.5% from the date of claim, till realization.

(3.) Though on appeal, the appellant-Insurance Company has contended that the Tribunal has erred in fixing the monthly income of the deceased as Rs. 8,500.00 for the purpose of computing the loss of contribution to the family of the deceased and consequently, awarded a higher compensation, warranting reduction, this Court is not inclined to accept the said contention, for the reason that persons, who have qualified in business administration, have better employment opportunities and career development.