GOPINATHAN S. Vs. SHAJU, S/O.VELAYUDHAN

JUDGEMENT

(1.) M .A.C.A. No.1608 of 2012 is filed by the additional petitioners 2 to 4 in O.P. (M.V.) No.1191 of 2008 and M.A.C.A. No.1715 of 2012 is filed by the petitioner in O.P.(M.V.) No.1176 of 2008 on the file of the file of Motor Accident Claims Tribunal, Ernakulam.

(2.) THE common case of the petitioners in the O.P.(M.V.)s is briefly as follows. The petitioner in O.P.(M.V.) No.1176 of 2008 is the husband of the original petitioner, Ajithakumari in O.P.(M.V.) No.1191 of 2008. On 10.1.2008 the husband was travelling in a scooter along with his wife Ajithakumari through the Aluva - Ernakulam National Highway from North to South and when they reached at Muttom, a mini lorry driven by the second respondent in a rash and negligent manner hit on the scooter, as a result of which both the husband and wife sustained serious injuries. Wife, Ajithakumari died on 3.12.2009 while undergoing treatment. First respondent was the owner of the mini lorry and third respondent was the insurer. The original petitioner in O.P.(M.V.) No.1191 of 2008 claimed Rs.16,00,000.00 as compensation. During the pendency of that O.P., the petitioner Ajithakumari died on

(3.) HEARD the learned counsel for the appellants and learned counsel for the Insurance Company. Learned counsel for the appellants submitted that the compensation awarded in both cases is on the lower side and that the appellants are entitled to get enhanced compensation. Learned counsel for the Insurance Company supported the award in both the cases.