P.P. THANGACHAN, S/O. PHILIPOSE, SMT. ELSAMMA, W/O. P.P. THANKACHAN, PHILIP T, S/O. LATE P. THANKACHAN Vs. JAYAKULAL S/O. LATE SHIVAPPA KULAL, SHEKARA SHENAVA, S/O. SANJEEVA. SHENAVA AND THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH - POLYMAR HOU

JUDGEMENT

(1.) IN a road traffic accident occurred on 22.5.2002 at about 3.00 p.m. one Thangchan was proceeding on fail Kinetic Honda bearing Regn. No. KA -20H -6713 towards Kadri Shivabagh. He had stopped his vehicle in order to proceed towards Mallikatte. At that time, on account of rash and negligent driving of the driver of an autorickshaw bearing Regn, No. KA -19A -5154, auto dashed against the Kinetic Honda from the rear side, as a result of which, claimant sustained grievous injuries. He was immediately shifted to SCS Hospital and there he was an inpatient for a period of 23 days. He was an employee of MESCOM and drawing a monthly salary of Rs. 12,689/ - Therefore he lodged a claim petition before the MACT, Mangalore in MVC No. 1922/2002. The Tribunal awarded a total compensation of Rs 8,71,707/ - by its judgment dated 25.4.2006. Being not satisfied with the same, the present appeal is filed for enhancement.

(2.) DURING the pendency of the appeal, the claimant died and his legal representatives have been brought on record. The Tribunal has awarded a sum of Rs. 40,000/ - towards pain and suffering, Rs. 5,38,482/ - towards loss of income, Rs. 5,925/ - towards attendant charges,. Rs. 10,000/ - towards nourishment and conveyance, Rs. 25,000/ - towards loss of amenities in life and Rs. 2,52,300/ - towards medical expenditure. The claimant died during the pendency of this appeal not on account of injuries sustained in the accident and it is a natural death.

(3.) LEARNED Counsel for respondent No. 3, Insurance Company, submits that the Tribunal has rightly considered the medical bill produced by the deceased. Accordingly, the compensation has been awarded. According to him, the compensation awarded under the oilier heads is on the higher aide and as a matter of fact, the compensation awarded under the head future loss of income is on the higher side. Therefore, he requests the Court to reconsider the entire evidence and dismiss the appeal