The insurance amount and the amount received under the accident benefit policy are not deductible from the compensation payable to the dependents of the victim of the accident.

SENGOTTUVELAN J. :- This Civil miscellaneous appeal is filed by the parents of the victim Srinivasan, who are the petitioners in MOP 182 of 1979 on the file of the Motor Accidents Claims Tribunal. Chengalpattu, challenging the legality and correctness of the order passed by the learned Subordinate Judge, in the above said petition.

2. the facts of the case are briefly as follows :- One Srinivasan aged 25 was killed in the road accident on 11-12-1978 at G.S.T. Road in Tapalmedu village. The accident occurred while the said Srinivasan and another Mohamed Mustaq were proceeding on a motor cycle in the GST Road from north to south, while the bus belonging to the Thiruvalluvar Transport Corporation bearing Registration number TMN 936 was coming from south to north in the GST Road, dashed against them resulting in the death of both of them. Hence the parents of the victim Srinivasan filed MOP 182 of 1979 on the file of the Motor Accidents Claims Tribunal, Chengalpattu, claiming compensation towards loss of support.

3. According to the version of P.W. 4, who was an eye-witness to the accident, the but belonging to Thiruvalluvar Transport Corporation bearing Registration Number TMN 936 following a lorry attempted to overtake the lorry and for that purpose came to the western side of the road and hit against the motor cycle as a result of which both the riders of the motor cycle were thrown away from the motor cycle. The unrebutted version of P.W. 4 was accepted by the Tribunal which came to the conclusion that the accident had occurred on account of rash and negligent driving of the bus TMN 936. Late Srinivasan was born on 10-3-1953 as seen from his SSLC book and he was 24 years old at the time of the accident. He was employed as a medical representative with Hochest Pharmaceuticals Ltd. According to the pay certificate Ex. A-2, the total income of the deceased for the year 1978-79 under various heads, viz., salary, commission, bonus, ex gratia, additional dearness allowance and gratuity was Rs. 17885-36. The Tribunal deducted the gratuity amount and arrived at a sum of Rs. 15206-36 as the total income and arrived at the monthly income of the deceased at Rs. 1267. After allowing expenses for maintenance and travelling, the Tribunal arrived at the loss of support to the parents of the deceased at Rs. 500 per month. The Tribunal also took the view that the appellants could have received Rs. 500 for 32 months i.e. till the deceased reached 28 years and afterwards there is a likelihood of the deceased being married and after such marriage the contribution of the deceased would he reduced to Rs. 150 per month. The Tribunal also took the view that the first appellant would get the support of the deceased for 12 years since he was aged 55 and the second appellant would get the support for 22 years, since she was aged 45 years. Capitalising the loss at the above rates, the Tribunal arrived at the compensation payable to the appellants at Rs. 77200 from which the Tribunal deducted certain percentage towards lump sum payment and uncertainties in life. The Tribunal assessed the damage on account of pain and suffering undergone by the appellants on account of loss of son at Rs. 5000. each totalling Rs. 10,000. After assessing the damage as stated above the Tribunal took note of the fact that the appellants received a sum of Rs. 50,000 under the Group Insurance Policy and Rs. 30,000 under the Accidents Benefit Policy, which were taken by the deceased, totalling Rs. 80,000. The Tribunal held that on account of the fact that a sum of Rs. 80,000 had been received by the appellants no amount is payable by way of loss of support to the appellants and awarded a sum of Rs. 10,000 only towards pain and suffering undergone by the appellants. This civil miscellaneous appeal is filed challenging the legality and correctness of the award passed by the Tribunal.

4. The basis on which the loss of support arrived at by the Tribunal is not seriously challen