AI Structured Summary
Not yet generated for this judgment
Judgment
The Oriental Insruance Company has filed this Civil Miscellaneous Appeal questioning the award dated 14.11.2014, made in MCOP.No.845
of 2012 on the file of the Motor Accident Claims Tribunal cum Additional District & Sessions Judge, Dindigul.
The claimants are respondents 1 and 2 herein. The deceased Ramalingam was the son of the claimants. He was working as a driver. When he
was driving a Omni van, the bus belonging to the third respondent herein was coming from the opposite direction and dashed against him causing
his death. A few others also died in the accident. Crime No.68/2012 was registered on the file of Thirunagar police station against the driver
employed by the third respondent herein.
The Tribunal rightly fixed the negligence on the driver of the third respondent. Since the said bus was insured with the appellant herein, the
appellant was liable to pay the compensation. The income of the deceased was fixed at Rs.6,000/-. The annual income given to the claimants was
fixed at Rs.48,000/-.
Adopting the multiplier 14, a sum of Rs.6,72,000/- was determined as a pecuniary loss. A sum of Rs.10,000/- was awarded towards loss of
love and affection. A sum of Rs.5,000/- was awarded towards funeral expenses. In all, a sum of Rs.6,87,000/- was given with interest at the rate
of 7.5 per annum. This cannot be said to be excessive. Only on the ground of quantum, this appeal has been filed.
I see no merit in this appeal. It stands dismissed. No costs.
Consequently, connected miscellaneous petition is also dismissed.