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2022 Supreme(Online)(MAD) 40862

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.S. SUNDAR
PON.BANU – Appellant
Versus
UNITED INDIA INSURANCE CO. – Respondent


JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.,]

This appeal has been preferred by the claimants for enhancement of compensation. The claimants are the wife and children of the owner cum driver of the vehicle which met with an accident.

2. It is the case of the claimants that the deceased namely K.Soundararajan paid an additional premium of Rs.100/- to cover his own risk, i.e. compulsory personal accident to owner cum driver. The deceased worked as a Maths Assistant Professor in Arignar Anna Government Arts College, Namakkal and he was drawing salary a sum of Rs.44,037/- per month. Stating that the petitioners have lost their moral and economical support of the deceased, the petitioners claimed compensation of Rs.75,00,000/-. However, the Tribunal awarded only a sum of Rs.2,00,000/- on the ground that as per the policy the claimants who are the dependants of the owner cum driver of the vehicle are entitled to a sum of Rs.2,00,000/- because of the extra premium paid by the claimants himself.

3. It is not in dispute that the deceased was the owner of the insured vehicle and the vehicle was driven by him. It is admitted that the deceased himself was the tortfeasor and as car d

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