LAWS(KER)-2012-6-390

VIMALA DEVI Vs. MANAGING DIRECTOR

Decided On June 27, 2012
VIMALA DEVI Appellant
V/S
MANAGING DIRECTOR, K.S.R.T.C. Respondents

JUDGEMENT

(1.) THE legal heirs of one Daleep Kumar, Leading Radio Operator (Tactical) with Indian Navy who lost his life in a road traffic accident caused by the Driver of a KSRTC bus duly insured with the third respondent Insurance Company being his widow, three minor children and dependent father complains that the Motor Accidents Claims Tribunal did not award them adequate compensation. Their claim was for a total amount of Rs. 30 lakhs and the learned Tribunal under various heads awarded to them only Rs. 9,50,000/-. According to the appellants this is grossly inadequate.

(2.) WE have heard the submissions of Sri.T.K.Koshy, the learned counsel for the appellants and those of the learned Standing Counsel for the contesting Insurance Company.

(3.) PER contra, the learned Standing Counsel for the Insurance Company would support the impugned award. According to the learned Standing Counsel reasonable compensation has been awarded by the learned Tribunal. The learned counsel submitted that the deceased Daleep Kumar had already put in eleven years of service in Indian Navy and there was no guarantee that he will be continuing to serve the Indian Navy beyond fifteen years. According to the learned Standing Counsel, there is no justification for increasing the compensation.