ROYAL SUNDARAM INSURANCE CO LTD Vs. PACHAIAMMAL

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.10,06,472/- with interest, at the rate of 7.5% per annum and costs, awarded to the legal representatives of the deceased, from the date of claim, till deposit, Insurance Company has filed the present appeal, contending inter-alia that the Claims Tribunal has erred in fixing the monthly income of the deceased as Rs.5,500/-, without any basis. Addition of 30% towards future prospects, has been questioned on the grounds that the deceased was not permenantly employed in any stable job.

(2.) As the challenge to the award, is restricted only to the quantum of compensation, there is no need to advert to the aspect of negligence and liability.

(3.) Pw.1, wife of the deceased, has stated that at the time of accident, i.e., on 17.02.2006, her husband was aged 48 years. Upon perusal of Ex.P3 - Post-mortem Certificate, the Claims Tribunal has fixed the age of the deceased as 48 years. On the aspect of avocation and income, PW.1, has deposed that at the time of accident, the deceased was working as Contract Labourer and earning Rs.5,600/- per month. In the absence of proof of income, considering the decisions made in Sri Ramachandrappa Vs. Manager, Royal Sundaram Alliance Insurance Company Ltd., 2011 2 TNMAC 190 SC, Syed Sadiq etc. Vs. Division Manager, United India Insurance Company Limited, 2014 1 TNMAC 459 and Syed Sadiq etc. Vs. Division Manager, United India Insurance Company Limited, 2014 1 TNMAC 459, the Claims Tribunal has fixed the monthly income of the deceased as Rs.5,500/-, for the purpose of computing the loss of contribution to the family and thereafter, considering the age of the deceased, added 30% of the monthly income, ie. Rs.1,650/- towards future prospects and thus, fixed the monthly income as Rs.7,150/- (Rs.5,500 + Rs.1,650/-), for the purpose of computing the loss of dependency.