NATIONAL INSURANCE CO. LTD. THROUGH ITS REGIONAL OFFICE REP. BY ITS ASST. ADMINISTRATIVE OFFICER SMT. D. KATHIKA Vs. SMT. BEEFATHIMA, W/O LATE H. MOIDEEN, JAINABEE, D/O LATE H. MOIDEEN AND KUM. SUMAYYA BANU, D/O. LATE H. MOIDEEN, SINCE MINOR, RE

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the impugned common, judgment and award dated 7th September 2004, passed in M.V.C. No. 244/2002, on the file of the III Additional District, Member, Motor Accident Claims Tribunal -IV, D.K. Mangalore, (for short, Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 6,66,600/ - awarded in favour of the claimants is excessive, exhorbitant and needs to be reduced.

(2.) THE facts in brief are that the respondents 1 to 3 herein are none other than the claimants, who are the wife and children of deceased Sri H. Moideen, who met with an accident at about 8:00 A.M. on 14 -11 -2001, when he was travelling in goods tempo bearing Registration No. CNG 5483 from Udupi towards Mangalore. The accident occurred when a lorry bearing No. MP 26/C -3833 came in a rash and negligent manner and dashed against the tempo from the hind side. Due to the said impact, the deceased sustained grievous and multiple injuries. Immediately, he was shifted to KMC Hospital, Manipal for treatment, where he was inpatient for about 23 days and from there, he was shifted to Government Wenlock Hospital, Mangalore. But, while undergoing treatment, he succumbed to the injuries on 07 -12 -2001. It is the contention of the claimants that the deceased was aged about 46 years and a vegetable vendor, earning a minimum sum of Rs. 200/ - to Rs. 300/ - per day and in view of his death, they have lost the only source of security and are put to great financial distress apart from mental shock.

(3.) WE have heard learned Counsel for Insurance Company and learned Counsel for claimants for considerable length of time.