AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. P. Devadass, J.—This is an insurer''s appeal.
One Ramar died in a road accident. His widow, married daughter and son claimed compensation for the loss of his life. The Tribunal appreciated the evidence. Totally it had awarded them Rs.9,44,500/- with 7.5% p.a.
The Insurer contends that excessive amount has been awarded, more particularly under the head medical expenses. And with respect to this the Tribunal had fell into error.
On the other hand, the learned counsel for the claimant could not sustain the mathematical error committed by the Tribunal with regard to the medical expenses. However, he contended that under all other heads only lessor compensation has been awarded.
In the circumstances as directed the entire records for the Tribunal has been produced.
I have anxiously considered the rival submission, perused the materials on record and the impugned award.
Under the head medical bills Rs.2,52,000/- has been granted. Actually if Ex.B.7 is properly considered and calculated, the reimbursement will be only Rs.1,50,051/- and not Rs.2,52,000/-. Thus, this aspect has to be corrected.
Tribunal had not granted compensation for loss of consortium to first respondent viz., widow, aged 43 years. Under this head she is awarded Rs.25,000/-. Tribunal also omitted to award compensation under certain other heads. Towards loss of estate of the deceased and loss of damage to personal property Rs.750/- and Rs.4,000/- have been awarded.
A dead man will not eat. Thus, award of compensation towards extra nourishment in fatal accident does not arise. In the circumstances, Rs.3,000/- awarded under the head extra-nourishment expenses is deleted.
Under the head Transportation Charges only Rs.2,500/- has been granted. Ambulance charges to carry the dead body has been omitted. Under the circumstances, towards transportation and ambulance charges Rs.12,000/- is awarded. The Tribunal ought to have granted compensation for love and affection to each claimants individually. But it had granted totally Rs.10,000/- all of them. Love and affection cannot be mixed, it should be separate for each individual. Thus, under the head loss of love and affection each is granted Rs.15,000/-.
In view of the foregoings, the compensation is revised as under:
Sl. No.
Compensation Awarded under the Heads
Amount Awarded by the Tribunal
Amount Awarded by the High Court
1
Loss of income
Rs.6,72,000/-
Rs.6,72,000/-
2
Transportation Charges and Ambulance Charges
Rs. 2,500/-
Rs. 12,500/-
3
Extra Nourishments
Rs. 3,000/-
--
4
Medical Expenses
Rs.2,52,000/-
Rs.1,50,051/-
5
Loss of Love and affection
Rs. 10,000/-
Rs. 45,000/-
6
Funeral Expenses
Rs. 5,000/-
Rs. 5,000/-
7
Loss of consortium
--
Rs. 25,000/-
8
Loss of Estate
--
Rs. 750/-
9
Loss of damages to personal property
--
Rs. 4,000/-
Total
Rs.9,44,500/-
Rs.9,14,301/-
In the result, the amount awarded by the Claims Tribunal (Subordinate Judge), Periyakulam in M.C.O.P.No.26 of 2013 is modified. It is modified to Rs.9,14,301/- with 7.5% interest p.a. from the date of petition till the date of deposit. As the entire award amount has been deposited. The amount in excess of the present modified amount shall be refunded to the appellant. Out of the total amount now awarded by this Court, the 1st respondent is entitled to Rs.6,14,301/- and respondents 2 to 3 are entitled to Rs.1,50,000/- each. The pay and recovery ordered by the Tribunal is uphold.
Accordingly, this Civil Miscellaneous Appeal is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.