LAWS(MAD)-2018-9-849

UNITED INDIA INSURANCE CO LTD Vs. P JAYALAKSHMI

Decided On September 07, 2018
UNITED INDIA INSURANCE CO LTD Appellant
V/S
P Jayalakshmi Respondents

JUDGEMENT

(1.) The Insurance Company is on appeal against the award, granting a sum of Rs.42,07,592.00 as compensation for the death of one Prakash in a motor accident that occurred on 10.09.2015.

(2.) Claiming that the said Prakash was working with Rajiv Gandhi National Institute of Youth Development and drawing a salary of Rs.29,751.00, the claimants sought for a compensation of Rs.60,00,000.00. The Tribunal upon consideration of the evidence, fixed the monthly income at Rs.26,268.00. After deducting < towards his personal expenses, fixed the monthly loss of dependency at Rs.19,701.00. The Tribunal fixed the loss of annual dependency at Rs.2,36,412.00. Applying the multiplier of '16', the Tribunal arrived at the total loss of dependency at Rs.37,82,592.00. The Tribunal also awarded a sum of Rs.3,00,000.00 towards loss of love and affection for the 3 children and Rs.1,00,000.00 towards loss of consortium and Rs.25,000.00 towards funeral expenses. Thus, the total award works out to Rs.42,07,592.00.

(3.) We have heard Mr.S.Arun Kumar, learned counsel for the Insurance Company and Mr.K.Varadhakamaraj, learned counsel for the respondents 1 to 4/ claimants. The 5th respondent who is the owner of the vehicle was set exparte before the Tribunal, hence notice to her is dispensed with.