ORIENTAL INSURANCE CO LTD Vs. KOUSALYA KAWAR

JUDGEMENT

(1.) The insurance company, the respondent before the Motor Accidents Claims Tribunal (M.C.O.P. No. 3761 of 1998) is the appellant in C.M.A. No. 1640 of 2000 and respondent No. 3 in C.M.A. No. 2 of 2001 filed by the claimants for enhancement of compensation.

(2.) The motor accident claim arises under the following circumstances: The claimant No. 1's husband, deceased Shanthilal, while travelling in a car bearing registration No. TN 20-3015 from Chennai to Arcot on 14.12.1997 at 9.45 a.m., was involved in a head-on collision with a lorry bearing registration No. TN 1-GB 3060 near Kancheepuram. Shanthilal and another passenger of the car along with the driver died on the spot. The legal representatives of the deceased Shanthilal as claimant Nos. 1 to 4 filed O.P. No. 3761 of 1988 claiming a compensation of Rs. 76,00,000. Tribunal granted an award of Rs. 23,64,000. Aggrieved by this, the insurance company, who had obtained permission under section 170 of the Motor Vehicles Act to defend the case on merits, has filed this appeal.

(3.) Learned counsel appearing for the appellant seriously disputed the quantum of compensation awarded as one grossly disproportionate and excessive and made without reference to the materials on record. According to him, Exh. P-8, Income Tax and Auditor's report were created subsequent to the accident, so as to boost all the earnings of the deceased, to suit their convenience and for the purpose of this case. He also submitted that PW 1 who was the only witness examined in support of the claimants has clearly stated in the cross-examination that she was not aware of any income tax assessment during the lifetime of the deceased and she does not have any documentary proof of the alleged income. While so, the Tribunal simply held on the basis that the deceased was having connection with the chit fund business and without any further proof on the income, determined the earnings at Rs. 15,000 per month, and consequently erred in coming to the huge figure of Rs. 23,04,000 as loss of earnings. The insurance company has not seriously disputed the rest of the compensation awarded under other heads.