SAMUEL P.O., KADAYIL VEEDU, KUNDARA AND ORS. Vs. THOUSFEEK. A., ATHISHYA MANDIRAM, NJARAYILKONAM, MADAVOOR, PALLICKAL ATTINGAL,

JUDGEMENT

(1.) THE appellants, the legal heirs being husband, children and mother of a High School Teacher by name Aliyamma Samuel who lost her life in a road traffic accident caused by the negligence of the driver of the lorry which was duly insured with the third respondent Insurance Company complain that the Motor Accidents Claims Tribunal did not award them adequate compensation for the death of Smt. Aliyamma Samuel. Their claim as amended was for a sum of Rs. 12 lakhs and the learned Tribunal under the impugned award allowed them only a total sum of Rs. 2,92,000/ - under various heads. According to them, there is gross inadequacy in the compensation awarded by the Tribunal to them under almost all of the heads. M. A. C. A No. 1536 of 2005 -2 -. We have heard the submissions of Sri. M.K. Chandramohan Das, the learned counsel for the appellants and those of Sri. P.V. Jyothi Prasad, the learned Standing Counsel for the Insurance Company and also the learned counsel for the party respondents.

(2.) THE argument of Sri. Chandramohan Das was that there is gross inadequacy in the compensation awarded by the Tribunal. Counsel particularly argued that for determining the dependency compensation, the learned Tribunal adopted the monthly income of the deceased as Rs. 4,089/ - only ignoring the fact that the salary revision was due and there was a sure possibility of the salary of the deceased increasing and the deceased ending up her career as a Head Mistress.

(3.) WE have given our anxious consideration to the rival submissions addressed at the Bar. We have very carefully gone through the impugned award.