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2012 Supreme(Mad) 4925

S.MANIKUMAR
United India Insurance Co. Ltd. – Appellant
Versus
Poongavanam – Respondent


Advocates Appeared:
For the Appellant :R. Rathina Thara, Advocate.

JUDGMENT :

S. Manikumar, J.

In an accident, which occurred on 24-08-2009, brother of the respondents/claimants, aged about 55 years, said to have been engaged as a Mason, died. Married brothers and sisters, claimed compensation of Rs. 5,00,000/-. Though the appellant-Insurance Company has resisted the manner of accident and also objected to the maintainability of the claim petition, on the ground that the claimants are neither legal representatives of the deceased nor his dependants and therefore, the claim for compensation is not maintainable, under Section 166 of the Motor Vehicles Act, the Claims Tribunal rejected the said contentions. Fixing the monthly income of the deceased at Rs. 3,000/-, and deducting 1/3rd towards his personal and living expenses and after applying 8' multiplier to the age of the deceased, the Tribunal computed the dependency compensation at Rs. 1,92,000/-. In addition to the above, the Tribunal has awarded Rs. 8,000/- for Funeral Expenses and Transportation and Rs. 500/- towards damage to cloths. Altogether, the Tribunal has awarded Rs. 2,00,000/- to the respondents/claimants, who are married brothers and sisters.

2. The compensation awarded is assailed on t






























































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