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2011 Supreme(Online)(KER) 32350

HIGH COURT OF KERALA
R.BASANT, M.C.HARI RANI, JJ
THE ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
SUBAIDA AND OTHERS – Respondent


J U D G M E N T

R.BASANT,J Insurer is the appellant. Claimants are the wife, children and mother of a deceased person who was aged between 45-50 years, a business man in Gulf, who had succumbed to injuries suffered in a motor accident which took place on 11/3/2007. Against a total claim of Rs.15,00,000/-, the tribunal awarded a total amount of Rs.15,19,600/- as compensation as per the details which are given below:

Rs.

Dependency compensation 14,62,500/-

(Rs.12,500/- x ¾ x 12 x 13)

Loss of consortium 10,000/- Loss of love and affection, loss of 40,000/-

estate and other conventional heads (Rs.8,000/- x 5)

Transport 1,500/- Funeral 5,000/- Damage to clothing 600/-

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Total 15,19,600/-

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2. The insurance company has preferred this appeal. We have heard the learned counsel for the appellant/insurance company and the respondents/claimants. The learned counsel for the insurance company assails the impugned award on various grounds.

3. First of all, it is contended that the tribunal has grossly erred in assuming that the deceased was earning a monthly income of Rs.12,500/-. With no reliable and cogent data in support of the tall claims made by the claimants, the tribunal erred

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