ORIENTAL INSURANCE CO LTD Vs. VICTORIA SHOBANA

JUDGEMENT

(1.) Challenging the Award granting a sum of Rs. 36,13,000/- as compensation for the death of one S.Charles in a motor accident that occurred on 27.05.2010, the Insurance Company has come up with this appeal.

(2.) The claimants, who are wife, children and parents of the deceased had claimed that the deceased Charles was carrying on business in fabrication work. Apart from that, he was earning considerable amount by taking music classes and participating in orchestra at regular intervals. Claiming that his death in the accident left the family in shatters, the claimants sought for a compensation of Rs. 50 lakhs.

(3.) The claim was resisted by the Insurance Company by contending that the accident took place due to the negligence of the deceased Charles, who was actually chatting with his wife while driving the car. The Insurance Company would also contend that the compensation claimed is on the higher side. It denied the age, education, qualification and the income of the deceased as set out in the claim petition.