NATIONAL INSURANCE CO LTD Vs. DEEPIKA

JUDGEMENT

(1.) MINOR Deepika lost both her parents in the accident that took place on 26.03.1999. She made claims for compensation for the death of her father as well as her mother by filing M.C.O.P.Nos.1438 and 1439 of 2000. The Tribunal had awarded Rs.11,10,576/ - as compensation in M.C.O.P.No.1438/2000 and Rs.6,52,000/ - in M.C.O.P.No.1439/2000.

(2.) THE learned counsel for the appellant -Insurance Company submitted that the compensation was claimed on the ground that the father and mother of the claimant was running a partnership company under the name and style of "R.R. Agencies", but no proof of partnership was filed and the Tribunal had arbitrarily adopted Rs.5,500/ - as the monthly income for the deceased -father. Learned counsel also submitted that when the claimant was receiving compensation on account of the death of her father, the loss of dependency arising out of her mother may have to be reduced.

(3.) WE are able to appreciate the logic of the submission made by the learned counsel for the claimants bearing in mind the evidence of P.Ws.3 and 4 and at the same time, we are able unable to ignore the fact that there was no proof of partnership, no vouchers, no income -tax particulars or bank account. It is in these circumstances and considering oral and documentary evidence Ex.P5, the Tribunal had fixed Rs.5,500/ - as the monthly income though P.W.1 had stated that the deceased was earning Rs.8,000/ - per month, deducted Rs.1,500/ - towards personal expenses and multiplied by 12 to arrive at annual income and again by 17, which is the proper multiplier.