SUSAMMA THOMAS Vs. NARAYANA KURUP

JUDGEMENT

(1.) THE claimants who are the legal representatives of the deceased Thomas Philip, impugn the award of the Motor Accidents Claims tribunal, Alleppey in O. P. (M. V.)No. 330/1984, whereby the learned member of the tribunal awarded a sum of Rs. 58,760/- as compensation against the petitioners claim of Rs. 10 lakhs.

(2.) IN this judgment the parties are referred to by their nomenclature in the original proceedings before the Tribunal. 'petitioner No. 1 is the widow of the deceased. Petitioner Nos. 2,3 and 4 are the children of the deceased. Petitioner Nos. Sand 6 are the parents. Respondent No. 2 is the k. S. R. T. C. whose vehicle was driven by respondent No. 1 at the relevant time. On 19-2-1984 at Pullad, the deceased, then aged 39 years and employed on a monthly salary of Rs. 1032/- in Malayalamanorama was knocked down and killed by the vehicle owned by the respondent No. 2. The deceased had planned to emigrate to the U. S. A. with his wife and children, The petitioner No. 1 and the deceased had secured immigrant visas. Ext. A7 is the xerox copy of the passport and immigrant visa of the deceased. The immigrant visa was presumably granted on the basis of the letters of appointment in the U. S. A issued by the Regina Company, New Jersey . The deceased was offered a job on a monthly salary of 1200 dollars, (Ext. A5) and the petitioner No. 1 was offered a monthly salary of 960 dollars (Ext. a6 ). Ext. A-1 is the salary certificate issued by the Malayalamanorama showing monthly salary of Rs. 1032/ -.

(3.) THE deceased, no doubt lived for a very short duration after the accident. THE accident must have caused severe excruciating pain. We have no doubt that the sum of Rs. 5000/- claimed on this account is also reasonable. We grant Rs. 5000/- on this Account.