NEW INDIA ASSURANCE CO LTD Vs. VALLIAMMAL

JUDGEMENT

(1.) (Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 10.11.2006 passed in M.C.O.P.No,34 of 2005 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Villupuram.) The Insurance company has filed this appeal challenging the award dated 10.11.2006 passed in M.C.O.P.No,34 of 2005 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Villupuram.

(2.) IT is a case of fatal accident. The deceased Anjapuli, aged 26 years, a fruit cutter in a juice factory was travelling in a motor cycle on Trichy-Chennai main road as a pillion rider. A lorry insured with the appellant insurance company coming from the opposite direction driven in a rash and negligent manner by its driver, hit the two wheeler and in that accident, he died instantaneously. On his death, mother aged 45 years, father aged 55 years, sister aged 19 years filed a claim for a sum of Rs.7,00,000/- as compensation.

(3.) AS far as the quantum of compensation is concerned, the Tribunal based on the oral and documentary evidence, came to the conclusion that the income of the deceased was Rs.3,000/- p.m. as against the claim of Rs.6,000/- and after deducting 1/3rd towards personal expenses of the deceased, the contribution to the dependents was fixed as Rs.24,000/- p.a. The Tribunal based on the age of the deceased adopted 18 multiplier and determined the loss of pecuniary benefits in a sum of Rs. 4,32,000/- (Rs.24,000/- x 18 = Rs.4,32,000/-) 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 7.5% p.a. TABLE