LAWS(MAD)-2018-8-204

LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LIMITED Vs. THEERTHAN

Decided On August 01, 2018
Liberty Videocon General Insurance Company Limited Appellant
V/S
THEERTHAN Respondents

JUDGEMENT

(1.) The appeal has been preferred by the insurance company, against the award of Rs.17,42,000/-, for the death of one Pachaiyammal, aged about 45 years, self employed, allegedly earning about 15,000/- per month, in the accident, which occurred on 17.12.2015, when she was walking on Trichy to Chennai National Highway and hit down by the lorry belonging to the 7th respondent, insured with the appellant/insurance company.

(2.) Heard, Mr.M.B.Raghavan, learned counsel appearing for the appellant. He would submit that in the absence of any proof regarding income, the Tribunal erroneously determined the monthly income at Rs.9,000/- and added 30% towards future prospects, whereas only 25% has to be added. Further, he would submit that as per the Constitution Bench's judgment of the Honourable Apex Court in National Insurance Company Limited V. Pranay Sethi and others, 2017 2 TNMAC 609 (SC), only Rs.40,000/- has to be added towards loss of consortium, whereas the Tribunal awarded a sum of Rs.50,000/-. Hence, he seeks for reduction of compensation.

(3.) A perusal of the records would show that the deceased is said to have worked as a Coolie and earned Rs.15,000/- per month. However, the Tribunal in the absence of any proof rightly determined the monthly income at Rs.9,000/- notionally, which is inconsonance with judgment of the Honourable Supreme Court delivered in Syed Sadiq Vs.United India Insurance Company, 2014 1 TNMAC 459. In the referred judgment, the Hon'ble Supreme Court, fixed the monthly income at Rs.6,500/- for a vegetable vendor, who sustained injuries in the accident which occurred in the year 2008 whereas in the present case, the accident occurred on 17.12.2015. In view of inflation and consumer price index, Rs.9,000/- determined by the Tribunal is justified.