MOHAMMED DILKAS P. Vs. KARTHYAYANI

JUDGEMENT

(1.) The appellants are the driver and owner of a vehicle which was involved in an accident. The 1st appellant is the son and the 2nd appellant is the mother, who were the 1st and 2nd respondents before the Tribunal also.

(2.) A 60 year old pedestrian was knocked down by a car alleged to have been driven by the 1st appellant on 02.10.2015. The pedestrian succumbed to the injuries in the hospital on the very same day. The claim was raised by the widow of the deceased, the daughters, the daughter-in-law and two children of a pre-deceased son.

(3.) The Tribunal found that only the widow and two grand children would be deemed to be dependant on the deceased. In such circumstance, the Tribunal found that only one-third has to be deducted for personal expenses. As to the age, relying on the post-mortem certificate it was determined at 60. On the income, the claim raised was that the deceased was a coolie. The accident occurred in the year 2015. The Tribunal relied on the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] to find that an income at Rs.10,000/- can be adopted. In Ramachandrappa the Hon'ble Supreme Court had adopted the income of a coolie at Rs.4,500/- per month in the year 2004. It was also ordered that Rs.500/- should be added on every year. In such circumstance, this Court does not find any reason to interfere with the income adopted. The Tribunal did not grant future prospects, rightly so since the deceased was aged 60 years. Compensation was awarded under other heads also. There is no valid ground to assail the quantum of compensation awarded.