UNITED INDIA INSURANCE COMPANY LIMITED Vs. N SANTHI

JUDGEMENT

(1.) This Motor Accidents Civil Miscellaneous Appeal arises out of award, dated 30th June, 2006, in O.P.No.173 of 2003, whereby the Chairman, Motor Vehicle Accidents Claims Tribunal -cum- III Additional District Judge, Tirupati (for short the Tribunal), allowed the claim of the respondents-claimants and fixed compensation of Rs.3,67,000/-for the death of the deceased.

(2.) The brief facts of the case, leading to the filing of the Original Petition (for short the OP) and the present Appeal, are as under: The deceased by name N.Muniraj was riding a motorcycle of Yamaha Crux make, bearing registration No.AP 03 L 0188, and P.W.2 was the pillion rider. When they reached Lanco Bus Stop on Srikalahasti - Tirupati main road, a tanker, bearing registration No.WB 25 A 3796, came in the opposite direction and hit the motorcycle, resulting in the instantaneous death of Muniraj and injuries to the pillion rider (P.W.2). Crime No.5 of 2003 was registered on the complaint of the pillion rider. The deceased was 28 years of age at the time of his death. Respondent No.1- the wife of the deceased, respondent Nos.2 and 3- his children, and respondent No.4- his mother, filed the above-mentioned OP, claiming compensation of Rs.5,00,000/-. The Tribunal partly allowed the OP and awarded a sum of Rs.3,67,000/- with interest at 7.5% p.a.., under various heads i.e., Rs.3,60,000/- towards loss of income, Rs.5,000/- towards loss of consortium and Rs.2,000/- towards funeral expenses. Feeling aggrieved by the said award, the United India Insurance Company Limited (respondent No.2 in the OP) filed the present appeal.

(3.) At the hearing Sri T.Mahender Rao, learned Counsel for the appellant, advanced two contentions viz., (1) that the appellants failed to produce any proof that the deceased was employed, and that therefore, the Tribunal committed an error in holding that the deceased was earning Rs.2,500/- at the time of his death and; (2) that the multiplier of 18 adopted by the Tribunal is contrary to the judgment of the Supreme Court in Sarala Verma (Smt.) and others vs. Delhi Transport Corporation[1].