K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a female in the accident that took place on 11.06.1994. The claimants were husband and three minor children. The Tribunal assessed a compensation of Rs. 77,000/ - as payable. There is no discussion any where about the age of the deceased or the occupation or employment status of the deceased.
(2.) AT some point of time, it appears that the matter has gone to Lok Adalat for consideration for settlement. Learned counsel for the claimants appeared to have agreed to receive an additional amount of Rs. 3 lacs from the insurer. The matter was referred to insurance company for consideration of the offer but evidently it has been spurned off and the matter has been referred to Lok Adalat back to the Court for disposal on the basis of the documents and on merits. I will take the contribution of the wife at a nominal of Rs. 2500/ - per month. There is no clear mention about the age of the deceased but I conjecture a guess and take the age of the person to be between 35 to 40 years considering that she still had three minor children. I will, therefore, adopt a multiplier of 15 and take the loss of dependence at Rs. 4,50,000/ -. I shall provide suitably for loss of love and affection for three minor children and for loss of consortium to the husband. The various heads of claim are tabulated as under: -
(3.) THERE shall be an award of Rs. 7,07,500/ -. The additional compensation over what has already been provided by the Tribunal shall also attract interest @9% from the date of petition till the date of payment. As it turns out, it could be noticed that compensation that has been now assessed is far more than what was originally offered for settlement by the claimants themselves. The inaction on the part of the insurance company has unfortunately resulted in shouldering a heavier burden of financial responsibility. I find the conduct of the insurance company wholly untenable and impose a costs of Rs. 25,000/ - against the insurer.;