UNITED INDIA INSURANCE Vs. SUMITHRA

JUDGEMENT

(1.) Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (III Additional District and Sessions Court), Coimbatore, in and by award dated 25.10.2013 in claim petition in M.C.O.P.No.710 of 2012 which was filed by the respondents 1 to 4 herein/claimants who are the wife, minor son, father and mother of the deceased Loganathan, the present appeal has been filed by the Insurance Company.

(2.) Since the present appeal has been filed only questioning the quantum of compensation, it is not necessary for this Court to traverse into the other aspects of the award.

(3.) So far as the quantum of compensation is concerned, it is the case of the claimants before the Tribunal that at the time of accident, the deceased Loganathan was aged 37 years and he was earning a sum of Rs.10,000/- per month by working as a Senior Commission Agent in Amway India Enterprises Pvt Ltd. That apart, he was running a Readymade Garment Cloth Shop in the name and style of 'Jeans-Sim Parck'. It is further case of the claimants that the deceased Loganathan was also owing 1/3rd share in a agricultural land measuring to an extent of 4 acres which is a joint family property. In order to prove the income earned by the deceased Loganathan before the Tribunal, on the side of the claimants, Income Tax Returns for the period 2008-2009, 2009-2010 & 2010-2011 were marked as Ex.P.No.7,8 & 9. The Tribunal, by considering the said documents, has fixed a sum of Rs.22,694/- as monthly income of the deceased Loganathan and thereafter, by adding 30% towards future prospects, has arrived at a sum of Rs.29,502/-. The Tribunal, thereafter, by deducting 1/4th amount towards personal expenses and by applying multiplier 16, on the basis of the age of the deceased, who was aged 37 years at the time of accident, has awarded a sum of Rs.42,48,288/- (29,502 x 12 x 16 x 3/4) as loss of income. That apart, the Tribunal has awarded a sum of Rs.50,000/- towards mental agony, a sum of Rs.5,000/- for damages to the cloths and a sum of Rs.1,000/- for transportation. Thus, the Tribunal has passed an award for a total sum of Rs.43,04,288/-. Aggrieved over the same, the present appeal has been filed by the Insurance Company.