LAWS(KER)-2012-5-247

KODUVA PARAMBAN AVARANKUTTY Vs. P P MOOSA

Decided On May 24, 2012
KODUVA PARAMBAN AVARANKUTTY, AGED 68 YEARS, S/O. LATE MOIDEEN, POOLAKKAL HOUSE P.O. A.R.NAGAR, MALAPPURAM Appellant
V/S
P.P.MOOSA, S/O. AHMED, PARUTHIPARAMBIL HOUSE, P.O.MAVOOR KOZHIKODE Respondents

JUDGEMENT

(1.) THE appellants are the unfortunate parents, mother-in-law and the minor children of one Jameela who met with her death in a road traffic accident occurred on 30/3/2005. Allegedly, while the deceased was travelling on the motor cycle ridden by her husband, they were hit down by a lorry which was coming from the opposite side. Both of them succumbed to the injuries sustained by them in the accident. Against a claim of Rs.5,69,000/- the learned Tribunal awarded a sum of Rs.2,80,000/- as compensation attributing negligence against the second respondent who was driving the lorry and saddling the 3rd respondent Insurance Company with the liability to pay compensation as they have admitted the policy. THE adequacy of the compensation is under challenge in this appeal.

(2.) WE have heard the learned counsel for the appellants and the learned standing counsel for the 3rd respondent Insurance Company. WE have also perused the impugned judgment.

(3.) WE note that no amount was awarded by the Tribunal towards loss of love and affection. WE are dealing with the case of two minor children who lost their father and mother in the accident. Considering all the relevant facts and circumstances, we are awarding a sum of Rs.30,000/- towards loss of love and affection.