P THNKAYYAN Vs. P VASUNNI

JUDGEMENT

(1.) THE appellants are the unfortunate parents and siblings of a 17 year old boy by name Suresh who met with his death in a road traffic accident occurred on 7/5/1995 while traveling by a jeep. Allegedly due to the negligence of the 2nd respondent, who was driving the jeep, the vehicle capsized. The deceased, who sustained bodily injuries, succumbed to the injuries while undergoing treatment in the hospital. Against a claim of Rs. 4 Lakhs, the learned Tribunal awarded a sum of Rs.1,75,500/- as compensation attributing negligence against the 2nd respondent who was the driver of the jeep. The 3rd respondent Insurance Company, who admitted the policy of the offending vehicle, was directed to pay the amount. In this appeal the appellants are challenging the adequacy of the compensation awarded by the Tribunal .

(2.) HEARD the learned counsel for the appellants as well as the learned standing counsel for the Insurance Company. We have also perused the impugned award.

(3.) TOWARDS transportation to hospital and funeral expenses a sum of Rs.3000/- was awarded by the Tribunal . It was submitted by the learned counsel for the appellants that the death occurred at Kozhikode and the dead body had to be transported to Neyyattinkara where the appellants are residing. We reckon the sum Rs.3000/- awarded by the Tribunal as transportation expenses and award an additional sum of Rs.5000/- towards funeral expenses.