CIBY K JOHN Vs. LAGAN C JOSE

JUDGEMENT

(1.) THE legal heirs of a Diploma Holder in Industrial Engineering by name Jijoy Peter being his widow and minor son and aged mother complains that they did not receive adequate compensation at the hands of the Motor Accidents Claims Tribunal for the death of Sri.Jijoy Peter which occurred on account of the negligence of the driver of a lorry which hit the scooter driven by Sri.Jijoy Peter on 07/01/04. According to the appellants, the compensation awarded by the learned Tribunal under all the heads including that of loss of dependency, loss of love and affection and loss of consortium is grossly inadequate.

(2.) WE have heard the submissions of Sri.V.V.Surendran, the learned counsel for the appellant and those of Sri.Mathews Jacob the learned senior counsel for the Insurance Company. Sri.Surendran would submit that even though documentary evidence was adduced by the appellants to show that the deceased was having a total annual income of Rs. 1,71,398/- the learned Tribunal ignored such documentary evidence and would adopt only a notional amount of Rs. 5,000/- per mensem as the income of the deceased. Sri.Surendran also submitted that there is gross inadequacy in the compensation awarded by the learned Tribunal under various heads. It was pointed out that as against a claim of Rs. 35 lakhs, the learned Tribunal awarded to the appellants under various heads only Rs. 7,26,840/-.

(3.) WE find inadequacy in the compensation awarded by the learned Tribunal to the appellants towards pain and suffering. We therefore award to the appellants Rs. 5,000/- more towards pain and suffering.