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2021 Supreme(Ker) 655

MARY JOSEPH
Reliance General Insurance Co. Ltd. , Calicut – Appellant
Versus
Vijayakumari, W/O. Balakrishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.George Cherian (Sr.), Sri.Alexy Augustine, Smt.Latha Susan Cherian, Smt.K.S.Santhi, Advs.
For the Respondent: Sri. K.B.. Arunkumar, Advs.

JUDGMENT :

The appeal and the Cross Objection are originated from an Award passed by Motor Accident Claims Tribunal, Ottappalam (for short 'the Tribunal') on 21.01.2016 in O.P.(M.V.) No.452/14 . The appeal was preferred by the insurer contending that the Tribunal went wrong in fixing the monthly income notionally as Rs.7,000/-and arriving at the multiplicand by adding 50% to it in consideration of future prospects.

2. According to Smt.Santhi, the learned counsel for the insurer, the victim of the motor accident who succumbed to the injuries being a student of final year Diploma, aged 21 years, the Tribunal ought not to have fixed the monthly income notionally as Rs.7,000/-and added 50% of it in consideration of future prospects to arrive at the multiplicand. According to him, a sum lesser than Rs.7,000/-ought to have been taken and 40% of it ought to have been added to it. Contentions were also raised to the effect that the sum awarded as compensation for loss of dependency and loss of love and affection and the rate of interest ordered as payable for the amount awarded as comp

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