SIJUMOL, VELAMMATTU HOUSE, AYARKUNNAM, Vs. MARKOSE MAR CURILOSE, RAMANTHARA HOUSE, PANGADA P.O., PAMPADY KOTTAYAM,

JUDGEMENT

(1.) THE appellants are the widow, minor daughter and aged father of a 35 year old salesman in a toddy shop by name Baiju who met with his death in a road traffic accident occurred on 06/10/02. Allegedly while he was riding his scooter he was hit down by a car driven by the second respondent. Against the claim of Rs. 10 lakhs, the learned Tribunal awarded only a sum of Rs. 5,02,667/ - together with interest after deducting 15% finding that the deceased was drunk at the time of the accident. However, the learned Tribunal has found that the negligence was on the second respondent who was driving the vehicle. As the third respondent admitted the policy of the offending vehicle, they were directed to pay the compensation. In this case the appellants are challenging the adequacy of the compensation awarded to them.

(2.) WE have heard the learned counsel for the appellants and the learned counsel for the third respondent Insurance Company. The impugned award was also perused.

(3.) THE learned Tribunal has adopted the correct multiplier and has made proper deductions and awarded a sum of Rs. 5,11,872/ - as compensation for loss of dependency. The same does not call for an interference by us.