LAWS(KER)-2020-7-398

RAJAN PILLAI Vs. ASOKAN

Decided On July 29, 2020
RAJAN PILLAI Appellant
V/S
ASOKAN Respondents

JUDGEMENT

(1.) Legal heirs, father and mother, of deceased are before this Court seeking enhancement of compensation for the death of their son.

(2.) The deceased was driving a Goods Carriage autorickshaw, when a lorry negligently driven by the 2nd respondent caused an accident resulting in the death of the son of the claimants. The son was aged 23 at the time of death and was not married. The son was also employed as Goods Carriage driver. The appeal is for enhancement of compensation.

(3.) It is argued by the learned Counsel for the appellants that the multiplicant adopted by the Tribunal was 14 and going by the decision in National Insurance Co. Ltd. v. Pranay Sethi , 2017 4 KerLT 662 (SC)] as the the deceased was aged 23 at the time of accident, the appellants were entitled to adoption of multiplicant of 18. It is also submitted that the notional income adopted of Rs.3,500/- for a Goods Carriage driver was very low. An income of Rs.6,000/- was asserted.