N.S.SAM JAYARAJ Vs. GEORGE

JUDGEMENT

(1.) THE claimants in O.P(M.V.).No.1976/2007 on the file of the Motor Accidents Claims Tribunal, Kottayam, who are the parents and brother of deceased Ivan K.Sam @ Chinnu, are the appellants herein. They filed the application for compensation for the death of the deceased, who died in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded a total compensation of Rs. 3,05,500/ - under various heads as follows: <FRM>JUDGEMENT_1476_TLKER0_2013.htm</FRM> Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have filed this appeal seeking enhanced compensation.

(2.) HEARD both sides.

(3.) ON the other hand, the learned Government Pleader appearing for the 3rd respondent -insurance company submitted that the deceased being a bachelor, the Tribunal ought to have deducted half of his probable income for his personal expenses and not 1/3 as done by the Tribunal. The total compensation awarded is just and proper is the contention of the learned Government Pleader.