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2012 DIGILAW 3051 (MAD)

United India Insurance v. M. Nagamani

2012-07-17

P.DEVADASS

body2012
Judgment 1. As against the quantum of compensation awarded, the United India Insurance Company Ltd., appealed. 2. According to the learned counsel for the appellant, as per the version of the claimants, the salary of the deceased itself was Rs.5,000/-p.m., however, the Tribunal had adopted Rs.7,500/- p.m. The claim itself is Rs.5,00,000/-. However, the Tribunal had awarded more than that. The Tribunal awarded Rs.10,000/- towards loss of consortium and also Rs.10,000/-towards loss of love and affection to the first claimant. It amounts to double compensation. 3. However, it has been contended by the learned counsel for the claimants that as per the latest Judgment of the Apex Court, loss of future prospects have also to be added, and if that is added, then the claimants are entitled to more amount. Although, the claimants have claimed lesser amount, on evidence, when the Tribunal found that they are entitled to more, the Tribunal had awarded them more. There is no wrong in it. 4. The accident was on 05.07.2002. The deceased was a Sculptor. He was then 26 years old. P.W.3, Gopal, a colleague of him deposed that his friend had earned Rs.5,000/- per month. He is a professional. So, salary Certificate will not arise. The Tribunal accepted the said Rs.5,000/-. However, it had doubled it and made some calculations and ultimately, assessed his monthly income at Rs.7,500/- and taken the multiplier 18 and deducted 1/3rd and accordingly calculated the loss of dependency. 5. It is to be noted that the deceased died at a young age, namely, 26 years. He supported a family consisting of 3 persons. In SMT.SARALA VERMA AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (2) TN MAC 1 (SC)], depending upon the age of the deceased, the Hon'ble Supreme Court directed adding of 30%, 50% of salary towards loss of future prospects when the deceased had a stable job. Subsequently, in SANTOSH DEVI Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS [2012 ACJ 1428], the Hon'ble Supreme Court extended this to persons employed in unorganized sectors, private employment also. 6. Now, in view of SANTOSH DEVI (supra), the said Rs.7,500/- per month can be maintained. 7. The first claimant has now become a widow because of the untimely death of her husband. She was granted Rs.10,000/-towards loss of consortium. Again granting her Rs.10,000/- for loss of love and affection is not acceptable to us. 6. Now, in view of SANTOSH DEVI (supra), the said Rs.7,500/- per month can be maintained. 7. The first claimant has now become a widow because of the untimely death of her husband. She was granted Rs.10,000/-towards loss of consortium. Again granting her Rs.10,000/- for loss of love and affection is not acceptable to us. So, the said Rs.10,000/- has to be deleted from the award. 8. In the claim petition, the claimants have claimed Rs.5,33,000/-. However, the Tribunal had awarded them totally Rs.11,29,085/-. 9. It is the statutory duty of the Tribunal to award just compensation to road accident victims. In doing so, the Tribunal need not be guided by the figures mentioned in the claim petition. Some times, in the claim petitions, the claimants are claiming elephantine amount. However, based on evidence and the principles, the Tribunal awarded a lesser amount. Sometimes, the claimants make their own calculation and claims a lesser amount. But, on the basis of evidence and applying the law, the Tribunal arrive at an higher amount. Thus, the Tribunals need not be guided by the figures mentioned in the claim petition. 10. In the result, the Civil Miscellaneous Appeal is allowed in part. The claimants are awarded a total compensation of Rs.11,19,085/-together with interest @ 9% p.a. from the date of original petition till deposit. They are permitted to withdraw the said modified amount, less amount, already withdrawn. The balance amount, namely, the disallowed portion Rs.10,000/- together with corresponding interest shall be returned to the appellant. Consequently, the connected Miscellaneous Petition is closed. No costs.