UNITED INDIA INSURANCE CO LTD Vs. PUSHPAKUMAR

JUDGEMENT

(1.) FIVE appeals have been filed by the insurance company challenging the award dated 15.4.2008 passed in MCOP Nos. 3318 to 3322 of 2002, on the file of the Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai.

(2.) ON 16.5.2002 one Santhanam was driving a car bearing Registration No. TMV 6366 from Thambaram to Paraniputhur along with four other passengers. A lorry insured with the appellant driven by its driver in a rash and negligent manner, hit the car and caused serious damages. In that accident, the driver Santhanam and another occupant lady by name Thilagavathy died. Other passengers viz., Neelamegam, Mani, Arivoli and Malliga suffered injuries. The injured persons were treated at Ramachandra Medical College Hospital. Individual claims were filed by the dependents of the deceased and by the injured claimants. All the claims were taken up and disposed of in a common award by the Tribunal.

(3.) CMA No.109 of 2009 O.P.No. 3318 of 2002:- This case relates to a claim for compensation on the death of Santhanam. He said to be a contractor cum agriculturist and earning a sum of Rs.6,000/- p.m. but no proof of document has been filed. Therefore, the Tribunal fixed the income of the deceased at Rs.4,000/- p.m. As per Ex.P3, post mortem certificate, the age of the deceased was fixed as 55 years. The Tribunal, adopting 11 multiplier and after deducting 1/3rd towards the personal expenses of the deceased, determined the loss of pecuniary benefits in a sum of Rs.3,52,000/- (Rs.4,000/- x 12 x 11=Rs.5,28,000/- -1/3= Rs.3,52,000/-). In addition, the Tribunal granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 12% p.a. Table