LAWS(KER)-2012-9-52

T T VENUGOPAL Vs. E S BAVA

Decided On September 04, 2012
T T VENUGOPAL Appellant
V/S
E S BAVA Respondents

JUDGEMENT

(1.) PETITIONERS in O.P.No.2208/2004 on the file of the Motor Accidents Claims Tribunal, Perumbavoor are the appellants. They are the parents and the brother of late Vinod, who met with a road accident at 8.30 a.m., on 6.11.2004, and sustained injuries. While undergoing treatment at Medical Trust Hospital, Ernakulam, he succumbed to injuries at 6.15 p.m. on the same day. The petitioners preferred the claim seeking an award for a sum of rupees seven lakhs. The deceased was aged 22 years and was allegedly working as an Electronic Mechanic in a private establishment. The Tribunal calculated his income at Rs.2,500/- and made some deductions towards personal expenditure and taking into account that the petitioners 1 and 2 are parents aged 49 and 44 years, loss of dependency was calculated at the rate of Rs.1,670/- per month for 6 years and at the rate of Rs.835/- per month for another 9 years. In total, the Tribunal awarded the following amount. Treatment expenses - Rs.14,635/- Loss of dependency - Rs.2,10,420/- Transportation expenses - Rs.3,000/- Funeral expenses - Rs.3,000/- Pain and suffering - Rs.5,000/- Love and affection - Rs.15,000/- Total - Rs.2,51,055/- Assailing the inadequacy of the amount awarded, this appeal is preferred.

(2.) WE have heard the learned counsel on either side.