T.G.PRIYA Vs. K.V. JAMES

JUDGEMENT

(1.) THE appellants in this appeal are the claimants in O.P (M.V.).No.3137/2001 before the Motor Accidents Claims Tribunal, Thrissur. They are the widow and parents of late Muralidheeran. He died in a motor accident involving a vehicle owned and driven by respondents 1 and 2 and insured with the 3rd respondent-insurance company. The deceased was a lecturer in an aided college. He was aged 32 years. His wife was aged 25 years and parents 60 years and 57 years respectively at the time of the accident.

(2.) THE appellants filed a claim seeking compensation for the death of their bread winner. The Tribunal fixed negligence on the part of the driver of the offending vehicle and awarded compensation under various heads as follows: <FRM>JUDGEMENT_124_TLKER0_2013htmlh1.htm</FRM> The appellants are challenging the compensation fixed for loss of dependency.

(3.) THE learned Standing Counsel for the Insurance Company vehemently opposes the same. According to him, the appellants have not chosen to prove the salary certificate and, therefore, the Tribunal was perfectly correct in adopting Rs. 4500.00 as the monthly salary of the deceased. He would also submit that the multiplier adopted is also taking into account the age of the deceased and not the age of the dependents. It is submitted that what is relevant is the age of the dependents and not the age of the deceased. Therefore, the learned Standing Counsel for the Insurance Company submits that the compensation awarded by the Tribunal is just and proper.