UNITED INDIA INSURANCE CO LTD Vs. MARIASAMY

JUDGEMENT

(1.) THIS appeal has been preferred by the insurance company against the award of Rs. 4,25,000 (rupees four lakh and twenty-five thousand) along with 7.5 per cent interest, as against the claim of Rs. 10,00,000 (rupees ten lakh). Facts:

(2.) THE facts of the case are that father of the respondent Nos. 1 to 4-claimants, died in an accident occurred on 25.10.2006, when Ambassador car belonging to the respondent No. 5 rashly and negligently driven hit the deceased and four others. THE deceased sustained lacerated injuries and fracture in the skull, ribs and right leg and when he was taken to the Tirunelveli Medical College Hospital, on the way he died. THE claimants filed the claim petition seeking compensation which was contested by the appellant. THE claim of respondent Nos. 1 to 4 was that he was an agricultural coolie, earning Rs. 6,000 p.m.

(3.) ON the other hand, Mr. S. Sivathi- lagar, learned counsel for the respondent Nos. 1 to 4-claimants, submitted that the Tribunal, in fact, awarded lower amount and he sought for enhancement of the monthly income as Rs. 5,000 p.m. Findings: