JEETHU .L Vs. C.HARIDAS

JUDGEMENT

(1.) The appellants 1 and 2 are daughters of deceased Jayachandran Pillai, who died in a motor vehicle accident on 10.12.2006. The mother of appellants 1 and 2 had died three months before the death of late Jayachandran Pillai. Since the appellants were minors at the time of the death, the 3rd appellant-maternal grandfather had preferred the claim application before the Tribunal on behalf of appellants 1 and 2 seeking compensation.

(2.) On 10.12.2006, a car driven by the 2nd respondent in a rash and negligent manner hit against the motorcycle in which the deceased was travelling. The deceased was 44 years at the time of the accident and was working as a Crane Operator abroad. It was contended that the deceased was contributing Rs. 25,000/-towards family every month. The appellants had produced Ext.A7 series service certificates issued by different employers of the deceased and Ext.A8, the copy of the VISA, which proves the fact that he was working abroad. The Tribunal in the award observed that there is no proof of occupation and income of the deceased and the monthly notional income is hence assessed at Rs. 2,500/-. The compensation under the head loss of dependency is based on the said notional income. A sum of Rs. 4,11,556/- was awarded as compensation by the Tribunal. Aggrieved by the award, the appellants have preferred this appeal, seeking enhancement of the compensation awarded.

(3.) Heard Sri.Anchal C.Vijayan, learned counsel for the appellants and Smt.K.S.Santhi, learned counsel for the 3rd respondent.