ORIENTAL INSURANCE COMPANY LIMITED Vs. VICTORIA

JUDGEMENT

(1.) This appeal has been filed against the award made in MCOP.No.295/2009 dated 29.04.2013 on the file of the Motor Accidents Claims Tribunal cum 1st Additional Sub Judge, Nagercoil.

(2.) In an accident which occurred on 26.10.2007, one Hercules Fernando died. Wife, children and mother of the deceased laid a claim in MCOP.No.295/2009 on the file of the Motor Accidents Claims Tribunal cum 1st Additional Sub Judge, Nagercoil, claiming compensation of Rs. 10,00,000/-. Resisting the claim petition, the appellant filed counter denying the manner of accident and the quantum of compensation claimed under various heads. Considering the oral and documentary evidence adduced on either side, the Tribunal awarded compensation of Rs. 8,17,000/- with 7.5% per annum from the date of claim. Aggrieved by the said award, the appellant has filed this appeal. Though the appellant filed this appeal challenging negligence and quantum, learned counsel for the appellant restricted his submission only to quantum of compensation.

(3.) Perusal of record shows that the respondents/claimants claimed that at the time of accident, the deceased was aged 48 years and earned Rs. 9,000/- per month by working as a commission agent and doing business in fish. The Tribunal fixing the monthly income at Rs. 6,000/-, deducting 1/3rd towards the personal expenses of the deceased and applying '13' multiplier according to the age of the deceased, awarded compensation of Rs. 6,24,000/- (Rs. 6000x12- 1/3x13). Apart from the above, the Tribunal awarded Rs. 2,000/- towards transportation, Rs. 1,000/- towards damage to clothes, Rs. 10,000/- towards funeral expenses, Rs. 1,00,000/- towards loss of consortium and Rs. 80,000/- towards loss of love and affection.