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New India Assurance

High Court Of Kerala|08 December, 2014
|

JUDGMENT / ORDER

Ramachandran Nair, J.
This appeal is filed by the Insurance Company aggrieved by the award in O.P.(MV)No.1129/2007 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha. The claimants are the dependents of one Sujith who died in a motor accident on 23.03.2007 at about 1.45 a.m. While the deceased was riding the motor cycle, he was hit by a lorry bearing Reg.No.KL-04/C-7288. He sustained serious injuries and died on the spot.
2. We heard the learned Senior Counsel for the Insurance Company and the learned counsel for the claimant.
3. The total amount claimed was `11,50,000/- and an amount of `6,19,000/- has been granted by the Tribunal. We find from the award that the deceased was a teacher in a tutorial college and BA II year student in SD College, getting `4,750/- per month. One of the contentions raised in the appeal is that the monthly income claimed is excessive. We find that PW1, who is the Principal of the Tutorial College, has been examined to support the claim of income. In the light of his evidence that the Tribunal accepted the monthly earnings as `4,750/- per month. In that view of the matter, we find no reason to interfere with the fixation of monthly income.
4. The next question is whether the multiplier adopted is correct or not. The contention of the Insurance Company is that the age of the parents should have been reckoned. This issue is covered against the appellant in view of the decision of the Apex Court in Rajesh
v.Rajbir Singh ( 2013 (3) KLT 89 (SC).
5. Lastly, it is contended that the amount awarded towards loss of love and affection is also not fully justified. We find that only a sum of ` 80,000/- was awarded under the said head, whereas going by the decision cited above, ` 1,00,000/- can be granted towards loss of love and affection.
In the light of the above, we do not find any reason to interfere with the award. Accordingly, the appeal is dismissed.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE
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Title

New India Assurance

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha