MADRAS HIGH COURT
G.M. Akbar Ali, J
Divisional Manager New India Assurance Co. Ltd. v. Periyapaapa (d) by L.Rs. and Others
1. In the accident, which occurred on 26.03.2006, the husband of the 1st respondent died. Wife, son and the legal representatives of the deceased's son, claimed compensation of Rs.5,00,000/-. A case in crime No.236 of 2006 under S.279, S.337 and S.304 - A IPC read with 39(1) r/w 192 (1) of Motor Vehicles Act, 1988 , has been registered against the driver of the tractor cum trailor bearing Engine No.39-1340 SGG 05362 Chasis No.QVCH31605109612 Model 735, insured with the appellant insurance company.
2. The deceased was stated to be aged 70 years. Fixing the monthly income as Rs.3,000/- and after deducting 1/3 towards his personal and living expenses, and by applying, '5' multiplier, the claims tribunal has computed the loss of contribution to the family, as Rs.1,20,000/-. In addition to the above, the claims tribunal has awarded Rs.10,000/- each to the respondents 2 to 7 / claimants, under the head loss of love and affection. A sum of Rs.5,000/- for funeral expenses and Rs.2,000/- for transportation, has been awarded. Altogether, the claims tribunal has awarded Rs.1,87,000/- with interest, at the rate of 7.5% per annum from the date of claim till the date of realisation.
3. The only c

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