SUJATHA S NAIR Vs. THAJINISA

JUDGEMENT

(1.) THE legal heirs of Sri.Chandrasekhara Pillai, an Ex-IAF personnel being his widow and three children, complain that the Motor Accident Claims Tribunal did not award them adequate compensation for the death of Chandrasekhara Pillai which occurred as a result of road traffic accident caused by the negligence of the first respondent driver of an authorickshaw which was duly insured with the third respondent Insurance Company. They claimed a total amount of Rs.7 Lakhs and the Tribunal awarded them only Rs.1,78,000/- under various heads. According to the appellants, there is gross inadequacy in the compensation awarded by the learned Tribunal under almost all heads.

(2.) WE have heard the submissions of Sri. Anjal Vijayan learned counsel for the appellants and the learned Standing Counsel for the Insurance Company.

(3.) THE death was not an instantaneous one. He died after 22 days. According to us, the appellants are eligible for the award of sum of Rs.20,000/- towards pain and sufferings. We award that amount to the appellants towards compensation for pain and suffering.