MUHAMMED Vs. SIVAN PILLAI

JUDGEMENT

(1.) THE legal heirs of a young man, an electrician who was aged 25 years who lost his life in a road traffic accident on account of the negligence of the driver of a pick up van which was insured with the 2nd respondent Insurance Company complain that the Motor Accidents Claims Tribunal did not award them adequate compensation. THEy contend that for calculating the dependency compensation the learned Tribunal adopted only a very low amount of Rs. 3,000/- per mensem as the monthly income of the deceased. According to them, the deceased was drawing Rs. 250/- per day and the learned Tribunal should have taken Rs. 7,500/- as the monthly income of the deceased. THEy also complain that proper multiplier was not adopted by the learned Tribunal for calculating the dependency compensation. THEy also contend that the Tribunal did not award them adequate compensation under various other heads.

(2.) WE have heard the submissions of Sri.R.Sreehari, the learned counsel for the appellants, the learned Standing Counsel appearing for the 2nd respondent Insurance Company and also Sri.E.M.Joseph, the learned counsel appearing for the 5th respondent Insurance Company which was exonerated from liability by the learned Tribunal.

(3.) WE find that absolutely no compensation was awarded by the Tribunal towards pain and suffering. As the death was not instantaneous the Tribunal should have awarded at least Rs. 10,000/- towards pain and suffering. WE award to the appellants a sum of Rs. 10,000/- towards pain and suffering.