LAWS(KER)-2012-5-85

BINDHU GOKULAM OLIYOOR PAZHAKUTTY P O NEDUMANGADU THIRUVANANTHAPURAM Vs. MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN EAST FORT THIRUVANANTHPAURAM

Decided On May 22, 2012
BINDHU, GOKULAM,OLIYOOR, PAZHAKUTTY P.O.,NEDUMANGADU, THIRUVANANTHAPURAM Appellant
V/S
MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,EAST FORT, THIRUVANANTHPAURAM Respondents

JUDGEMENT

(1.) THE unfortunate daughters and mother of a telephone mechanic who lost his life in a road traffic accident complains that the Tribunal did not award them adequate compensation for the death which was found by the Tribunal to be the direct result of a road traffic accident which is attributable to the driver of a KSRTC bus. THE appellants claimed a total amount of Rs. 8 lakhs as compensation under various counts and under the impugned judgment the Tribunal awarded only Rs. 2,49,144/-. In this appeal it is urged that the Tribunal did not award adequate compensation under most of the heads claimed in the OP.

(2.) WE have heard the submissions of Sri.Cibi Thomas, the learned counsel for the appellants who addressed us on the basis of the grounds that the compensation presently awarded is quite inadequate.

(3.) WE are also of the view that the compensation awarded to the appellants towards pain and suffering undergone by the deceased is also not sufficient. It is not an instantaneous death that the deceased faced. He died hours after the accident. WE award to the appellant Rs. 5,000/- more towards pain and suffering.