SANTHI Vs. JINSON.K.T

JUDGEMENT

(1.) THE original petitioner sustained injuries in a motor accident on 16.4.2008 and claimed compensation from respondents in O.P.(MV).822/08 of the MACT, Ottappalam (for short 'the Tribunal'). Pending that proceeding, the original petitioner died and thereon the appellants were impleaded as his legal representatives. The learned Tribunal found the accident occurred due to negligence of the driver of the offending vehicle and awarded Rs.47,600/- with interest at the rate of 8% per annum as compensation payable by the 2nd respondent, the insurer. The appellants are aggrieved by the amount of compensation and have preferred this appeal.

(2.) THE learned counsel submitted that the deceased petitioner was engaged as a milkman, was aged 57 years and earning Rs.5000/- per month. But the Tribunal has fixed monthly income at Rs.3000/- per month. It is contended that compensation awarded is on the lower side.

(3.) INJURIES suffered by the deceased petitioner are described in paragraph 7 of the Award. It includes fracture of the distal radius, fracture and dislocation, left ankle and fracture, medial malleolus left. He underwent inpatient treatment from 16.4.2008 to 19.4.2008. The Tribunal has not awarded any amount as compensation for disability for the reason that no certificate was produced. Rs.3000/- was awarded as compensation for loss of amenities of life.