THULASIBAIAMMA Vs. RIYAZ NAZEER

JUDGEMENT

(1.) THE wife, children and widowed mother of deceased Vijayakrishnan Nair, who are the appellants herein have filed O.P.(M.V).No.946/2001, before the Motor Accidents Claims Tribunal, Punalur, claiming compensation for the death of their breadwinner, who died in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle, owned and driven by the 1st respondent and insured with the 2nd respondent. After considering the evidence on record, the tribunal found that, the accident occurred due to the rash and negligent driving of a vehicle by the first respondent and awarded a total compensation of 11,04,000/- on various heads as follows: <FRM>JUDGEMENT_1158_TLKER0_2013.htm</FRM> Dissatisfied with the quantum of compensation awarded, the appellants have come before this court with the above appeal.

(2.) WE have heard the learned counsel for the appellants and counsel for the insurance company.

(3.) ON the other hand, the counsel for the insurance company submitted that for the purpose of assessing loss of dependency, the actual salary as on the date of death alone has to be taken into consideration. At the time of death, he was drawing only 13,375/- and the tribunal was justified in not taking into consideration the subsequent revision made in the department, which was given retrospective effect from 01.08.2000. So, according to him, the total compensation awarded is just and proper.