BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD Vs. MAHALINGAM

JUDGEMENT

(1.) The appeal has been preferred by the insurance company against the award of Rs.15,21,000/- for the death of one Mahesh, aged about 19 years, working as building roof worker, allegedly earning about Rs.18,000/- per month, in the accident, which occurred on 18.06.2014, when he was hit by a lorry belonging to the 3rd respondent, insured with the appellant/insurance company, while walking on the left side of the road. Therefore, the claim petition.

(2.) The Tribunal found that the accident occurred because of the rash and negligent driving by the driver of the lorry and awarded a sum of Rs.15,21,000/-. The said award is being challenged before this Court.

(3.) Heard, Mr.K.Padmanabhan, learned counsel appearing for the appellant. He would submit that the deceased was a 19 year old boy and there is no proof regarding his income and avocation and therefore, Rs.8,000/- taken by the Tribunal is on the higher side. Further, he would submit that Rs.4,000/- has been added towards future prospects, which has to be reduced to 40% and also harped upon awarding of Rs.2,00,000/- towards loss of love and affection to the parents.