SARAMMA SCARIA Vs. MATHAI

JUDGEMENT

(1.) This appeal was filed against the award in O.P. (MV) 395/99 of MACT Muvattupuzha. Original Petition was dismissed with cost of the contesting respondents. Appellants herein were the petitioners before the Tribunal. First petitioner is the widow of the deceased and other petitioners are the son and daughters of the deceased. The deceased was a fisherman and a coolie who was the sole breadwinner of his family consisting of his wife and children.

(2.) The deceased was riding a bicycle from south to north along the Piravom - Muvattupuzha public road, while so, a bus owned by the K.S.R.T.C. driven by the first respondent in a rash and negligent manner from south to north hit the deceased from behind. Deceased fell down on the road and the back tyre of the bus run over his body and he died on the spot. Deceased was aged 58 years at the time of the accident. He was earning a monthly income of Rs. 2000/-. Claimants were depending on the income from the deceased for their livelihood and on the death of the deceased the family was in complete penury.

(3.) Petitioners claimed an amount of Rs. 5 lakhs as compensation under various heads. Petitioners also engaged a counsel for conducting the case. Respondents 1 and 2 entered appearance and filed a joint written statement denying negligence on the part of the first respondent. On the basis of the pleadings the Tribunal framed the following issues for trial.