LAWS(KER)-2012-8-340

V P ABDUL MAJEED Vs. K A ASHRAF

Decided On August 21, 2012
V P ABDUL MAJEED Appellant
V/S
K A ASHRAF Respondents

JUDGEMENT

(1.) THE appellants, father and siblings of a minor child by name Irfana, complain that they were not awarded adequate compensation by the Motor Accidents Claims Tribunal for the death of Irfana which was caused by the negligence of the driver of the vehicle involved in the accident which was duly insured with the third respondent Insurance Company.

(2.) THE appellants claimed a total amount of Rs.1,50,000/- as against which the Tribunal awarded the appellants only Rs.74,000/-. The appellants challenge mainly is against the adequacy of the dependency compensation. According to the appellants, instead of calculating the dependency compensation by adopting the notional income and applying the multiplier, what the learned Tribunal did was to award a lump sum amount of Rs.50,000/-. According to the appellants, there is inadequacy in the compensation awarded by the Tribunal under some other heads also.

(3.) THE argument of Smt.Celine was that there is inadequacy in the compensation awarded by the Tribunal. Mr.Jacob Murickan submits that there is no such inadequacy.