NEW INDIA ASSURANCE COMPANY LIMITED Vs. DANIEL

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant / Insurance Company and the learned counsel appearing for the respondents.

(2.) It is a case of fatal. At the time of the accident, the deceased was aged about 29 years and was a bachelor. The Tribunal, by taking the income of the deceased as Rs. 11750/- based on the salary certificate and also adopting multiplier method, has awarded a sum of Rs. 9,20,000/- as compensation with 7.5% interest from the date of petition till the date of realisation. This appeal has been filed by the appellant / Insurance Company questioning the quantum as well as the liability.

(3.) The learned counsel appearing for the appellant / Insurance Company would submit that at the time of the accident, the driver of the vehicle was not having valid driving license and therefore, the Insurance Company is not liable to pay the compensation and the Tribunal without considering the same, has erroneously ordered for pay and recovery. Thus, he prayed to exonerate the Insurance Company from the payment of compensation. In the alternative, the learned counsel appearing for the Insurance Company would submit that without there being any valid evidence, the Tribunal has erroneously fixed a sum of Rs. 11,750/- as the monthly income of the deceased and therefore, he requested to fix reasonable amount as notional monthly income of the deceased and thereby, reduce the award amount on the head of loss of income. He would further submit that the Tribunal, instead of deducting 50% of the income of the deceased towards personal expenses, has erroneously deducted 1/3rd amount towards personal expenses. He would next submit that the Tribunal has excessively awarded a sum of Rs. 75,000/- on the other heads and as per the decision (National Insurance Company Limited Vs. Pranay Sethi and others, (2017) 2 TNMAC 609), the claimants are entitled to get only a sum of Rs. 40,000/- on conventional head. Thus, he requested to reduce the award amount on the other heads to Rs. 40,000/-. Thus, he prayed to allow this appeal.