RADHA Vs. UNITED INDIA INSURANCE CO. LTD,

JUDGEMENT

(1.) Petitioners who are the parents and elder brother of the deceased in O.P.(M.V) No. 507/2005 on the file of the Motor Accidents Claims Tribunal, Perumbavoor are the appellants herein. The deceased, who is the son of the petitioners I and 2 was travelling in the motor cycle as a pillion rider, and at that time, the lorry with Registration No. KLI/1202, driven by the 2nd respondent, owned by the first respondent and insured with the 3rd respondent came and hit against the motor cycle, causing death of the son of the petitioners I and 2 and injury to the rider of the motor cycle. They claimed compensation on various heads. 1st and 2nd respondents remained ex-parte. 3rd respondent, insurance company filed written statement admitting the insurance, but denying the negligence on the part of the 2nd respondent and contended that the accident occurred due to the negligence of the rider of the motor cycle, and the amount claimed under various heads are high and excessive. After considering the evidence on record, the tribunal found that the accident occurred due to the negligence of the 2nd respondent, and awarded compensation to the petitioners as follows:

(2.) The case of the petitioners in the petition was that the deceased was a mason, earning Rs. 4,000/- per month, but no evidence has been adduced on the side of the petitioners to prove this fact. The tribunal has taken the monthly income, considering his age as Rs. 2,500/- per month, which we feel, on the lower side. Considering the inflation of money value and also cost of living and considering the age of the deceased, the lower court ought to have fixed the monthly income as Rs. 3,000/- instead of Rs. 2,500/- per month and we do so.