NATIONAL INSURANCE COMPANY LIMITED Vs. S. AMALI ANNAMAL

JUDGEMENT

(1.) National Insurance Company Limited has filed this Civil Miscellaneous Appeal questioning the award dated 07.11.2012 made in M.C.O.P. No. 1277 of 2008 on the file of the Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirappalli.

(2.) The respondents 1 to 5 herein are the claimants. The Claim petition was filed under Sec. 163 (A) of the Motor Vehicles Act. The claimants are the wife, children and parents of the deceased. The accident took place on 18.02.2008. The deceased was a pedestrian. A Mahendra van belonging to the 6th respondent herein and insured with the appellant Insurance Company caused the accident. Crime No. 34 of 2008 was registered and the same is pending before the Judicial Magistrate Court No. V Trichirappalli for Trial. The deceased was working as an Electrician and was earning Rs. 3250.00 per month. The Tribunal awarded a sum of Rs. 11,64,200.00 with interest. Due apportionment was also made. Aggrieved by the quantum of compensation, this appeal has been filed by the Insurance Company.

(3.) The principal contention urged by the learned counsel for the appellant is that the monthly income of the deceased was fixed at Rs. 6,000.00. If that be so, the annual income would come to Rs. 72,000.00. As already noted, the petition has been filed under Sec. 163(A) of the Motor Vehicles Act. Only if the annual income is Rs. 40,000.00 or less, a claim petition can be maintained under the said provision.