NEW INDIA ASSURANCE CO. LTD. Vs. BANUMATHY ANAND

JUDGEMENT

(1.) While the civil miscellaneous appeal has been preferred by the appellant/insurance company challenging the finding of negligence as well as the quantum of compensation, the cross objection has been filed by the claimants seeking for enhancement of compensation.

(2.) Shorn of unnecessary details, the facts leading to the filing of the appeal could be summarised as under :-

(3.) According to the claimants, the deceased was aged 71 years and was a practicing doctor, both in allopathy and homeopathic medicine and that he was also a member of various Corporations and had also rendered service in the Army and was a Major in the Army and that he retired as a Surgeon from Government Service. The deceased was hale and healthy at the time of the accident and, but for the accident, the deceased would have lived for more than a decade. It was the further stand of the claimants that the deceased was earning a sum of Rs.60,000/- per month and that he was assessed to income tax.