ITHIKUTTY Vs. K. ANVAR

JUDGEMENT

(1.) THIS appeal is filed by the mother and widow of deceased Ibrahim aggrieved by the inadequacy of compensation. The accident occurred on 28.10.2005 while he was travelling on a motor cycle bearing Registration No. KL -D -1322 from Vazhikkadavu to Nilambur. The offending vehicle is a taxi bearing Registration No. KL 10 J 750 which hit on the motor cycle and he sustained fatal injuries and succumbed to the injuries. The total claim was Rs. 11 lakh. The Tribunal has granted only Rs. 3,80,500/ -.

(2.) THE evidence adduced before the Tribunal is by examining the mother who deposed before the tribunal that he was getting Rs. 6500/ - per month as a mason worker. The Tribunal was of the view that the monthly income is not properly proved. We have gone through the discussion of the evidence. The Tribunal has fixed the compensation in the following manner:

(3.) LEARNED Sr. Counsel for the Insurance Company Sri. Mathew Jacob submitted that the Tribunal can fix a reasonable amount based on the monthly income. It is submitted that the amount cannot be exorbitant.