UNITED INDIA INSURANCE COMPANY LTD Vs. MANIMEGALAI

JUDGEMENT

(1.) THE Insurance company has filed this appeal challenging the award dated 22.9.2006 in MCOP No. 61 of 2005 on the file of the Motor Accidents Claims tribunal (Sub Judge), Sankagiri.

(2.) IT is a case of fatal accident. The accident in this case happened on 5.3.2005. The deceased Murugan, 28 years old, working as a lorry cleaner was signaling the driver to reverse the vehicle. At that point of time, the driver reversed the vehicle at high speed and hit the said Murugan and in that accident, Murugan died. The wife aged 29 years, minor son aged 1 = years and the father and mother are the claimants. They claimed a sum of Rs.10,00,000/- as compensation stating that the deceased was earning Rs.5,000/- p.m.

(3.) THE only contention raised by the learned counsel for the appellant is on the quantum of compensation. THE issue relating to compensation was decided in Paragraphs 17 and 18 in answer to point No.2. THE Tribunal, in the absence of specific evidence, fixed the income of the deceased at Rs.4,000/- p.m. and age was determined at 28 years based on Ex.A2 post mortem certificate. THE Tribunal adopted 18 multiplier. A sum equalent to 1/3rd was deducted towards personal expenses of the deceased and the loss of pecuniary benefits was determined in a sum of Rs. 5,75,640/- In all, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a.TABLE