LAWS(MAD)-2009-8-533

UNITED INDIA INSURANCE CO LTD Vs. M PAULPANDI

Decided On August 03, 2009
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
M. PAULPANDI Respondents

JUDGEMENT

(1.) IN this case, the deceased Ellies Mary was hit by an Ambassador car belonging to the respondent No. 7 which was driven in a rash and negligent manner. She sustained grievous injuries and died on the way to the hospital. The claim of the respondent Nos. 1 to 6 was that she was an agricultural coolie and also doing household work earning Rs. 5,000 per month, and claimed a sum of Rs. 10,00,000 (rupees ten lakh).

(2.) THE appellant contested the claim petition. However, the Tribunal awarded a sum of Rs. 5,22,000 (rupees five lakh and twenty-two thousand), fixing the monthly income at Rs. 3,000 per month and the age of the deceased at 27 and adopted multiplier 18.

(3.) ON the other hand, Mr. S. Sivathilagar, learned counsel for respondent Nos. 1 to 6-claimants, relied upon the decision of the Supreme Court in the case of Lata Wadhwa v. State of Bihar, 2001 ACJ 1735 (SC), wherein for the death of a housewife, Rs. 3,000 per month was fixed. In para 10 of the said judgment, the Hon'ble Supreme Court observed as follows at p. 1744: