ORIENTAL INSURANCE COMPANY LIMITED Vs. PAVITHRA

JUDGEMENT

(1.) These appeals have been filed by the Insurance Company, the second respondent in MCOP Nos. 586 and 587 of 2015 on the file of the Motor Accident Claims Tribunal (Principal District and Sessions Judge, Tirupur), challenging the awards dated 28.04.2017 made in the said original petitions awarding a sum of Rs. 14,84,400/- and Rs. 13,00,000/- respectively for the death of the parents of the first respondent in a Motor Accident that occurred on 22.03.2015 at about 11.10 A.M.

(2.) According to the claimant, while her parents namely U.Sukumar and Mrs. Arulmozhi were traveling in a two-wheeler the bus belonging to the second respondent insured with the appellant Insurance Company came in the opposite direction and dashed against the two-wheeler as a result of which both the said Mr. U. Sukumar and Mrs. Arulmozhi died. The first respondent had claimed a compensation of Rs. 30,00,000/- each for the death of her parents. The appellant/Insurance Company resisted the claim contending that the claim of the first respondent that the accident took place due to the rash and negligent driving of the driver of the bus bearing Registration Number TN-39-B-2442 insured with the appellant company, is not correct. The Insurance Company further contended that the bus was not involved in the accident. The quantum of compensation was also claimed to be excessive.

(3.) The Motor Accident Claims Tribunal tried both the original petitions together and by a common award dated 24.08.2017 granted a compensation of a sum of Rs. 14,84,400/- for the death of the father Mr. Sukumar and a sum of Rs. 13,00,000/- for the death of the mother Mrs. Arulmozhi. The Tribunal fixed the income of the father at Rs. 10,000/- per month and after adding 30% towards future prospects the total monthly income was fixed at Rs. 13,000/- after deducting 1/3rd of the amount for personal expenses the loss of dependency was fixed at Rs. 8,650/- per month. Applying the multiplier of 13, the pecuniary loss was fixed at Rs. 13,49,800/-. The Tribunal also granted a sum of Rs. 1,00,000/- for loss of love and affection, Rs. 10,000/- for transport charges, Rs. 25,000/- for funeral expenses.