LAWS(KER)-2012-5-241

THAMPI C P Vs. MARTIN E A

Decided On May 22, 2012
THAMPI C.P., AGED 52 YEARS, S/O.POULOSE, CHEERAN HOUSE, P.O. MUNDUR KAROOR, THRISSUR DISTRICT Appellant
V/S
MARTIN E.A., S/O.ANTONY, EDAKKATTUPARAMBIL HOUSE, P.O. PERINGAVU,THRISSUR Respondents

JUDGEMENT

(1.) THE appellants are the unfortunate parents and siblings of a 22 year old bus cleaner by name Shiju who succumbed to the injuries sustained by him in a road traffic accident occurred on 07/07/2000.

(2.) ALLEGEDLY during the course of employment in the bus driven by the first respondent the deceased was thrown out while the first respondent was negotiating a curve. The learned Tribunal fixed negligence on the first respondent and saddled with the liability of paying a sum of Rs. 2,98,100/- as compensation on the third respondent Insurance Company who admitted the policy. This was against the claim of Rs. 4 lakhs. The adequacy of the compensation is under challenge in this appeal.

(3.) IT was submitted that the deceased was hospitalised for seven days. As the accident was in the year 2000, the appellants are entitled to get bystander's expenses at the rate of Rs. 200/- per day. As a sum of Rs. 700/- only has been awarded on that count, we award an additional sum of Rs. 700/- as bystander's expenses.