P.JAYASREE Vs. RAMESH, S/O. PALANI SWAMY

JUDGEMENT

(1.) CLAIMANTS , who are the wife, children and mother of deceased Sukumar in O.P.(MV) No. 1048/2002 on the file of the Motor Accidents Claims Tribunal, Palakkad, are the appellants herein. They filed the application for compensation for the death of their bread winner, who died in a motor vehicle accident caused on account of the rash and negligent driving of the car by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. (Subsequently, respondents 1 and 2 are deleted from the party array at the risk of the appellants, as per order dated 3.2.2012 in I.A. No. 231/2012). After considering the evidence on record, the Tribunal found that the accident occurred due to the rash and negligent driving of the vehicle by the driver and awarded a total compensation of Rs. 2,78,500/- under various heads as follows:

(2.) HEARD counsel for the appellants and counsel for the Insurance Company.

(3.) ON the other hand, counsel for the Insurance Company submitted that in the absence of any convincing evidence adduced on the side of the appellants, the Tribunal was justified in fixing the monthly income of Rs. 2,000/-. Further as per the decision in Sarla Verma's case (supra), the multiplier to be applied in the age group of 41 years is 14 and not 15 as done by the Tribunal. According to him, the total compensation awarded is just and proper and no interference is called for at the hands of this Court.