LAWS(KER)-2012-2-161

SANKARAN, S/O. MADHAVAN, MATTATHIL HOUSE, NALUKODY P.O., CHANGANASSERY KOTTAYAM AND LEELAVATHY W/O. SANKARAN, MATTATHIL HOUSE, NALUKODY P.O., CHANGANASSERY KOTTAYAM Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., KOTTAYAM

Decided On February 29, 2012
Sankaran, S/O. Madhavan, Mattathil House, Nalukody P.O., Changanassery Kottayam And Leelavathy W/O. Sankaran, Mattathil House, Nalukody P.O., Changanassery Kottayam Appellant
V/S
Divisional Manager, National Insurance Co. Ltd., Kottayam Respondents

JUDGEMENT

(1.) THE legal representatives of a Mechanic in an automobile workshop who lost his life in a road traffic accident, his parents are aggrieved by the quantum of compensation which was awarded to them by the Motor Accidents Claims Tribunal. The deceased was aged 20. The claim of the appellants was that the deceased was drawing a monthly income of Rs. 4,000/ -. In the absence of evidence the learned Tribunal adopted the income of the deceased notionally to be Rs. 1,500/ - only. The appellants were aged 53 years and 48 years respectively and the learned Tribunal adopted a multiplier of 17 and determined the dependency compensation separately for the father and the mother of the deceased. In the memorandum of appeal it is urged that the dependency compensation and the compensation awarded by the Tribunal under various heads is quite inadequate.

(2.) WE have heard the submissions of Smt. Deepthi S. Menon, the learned counsel for the appellants and those of Sri. P. Jayasankar, the learned Standing Counsel for the Insurance Company. While Smt. Depth argued that the compensation awarded by the Tribunal is quite inadequate the argument of Sri. Jayasankar was that there is absolutely no warrant for giving any increase.