VIJAYALAKSHMI Vs. RAJASEKHARAN NAIR

JUDGEMENT

(1.) APPELLANTS, petitioners in O. P. (M. V.) 857 of 1986 dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims tribunal, Alleppey have filed the appeal. As against the claim of compensation limited to Rs. 5,00,000/-, the Tribunal awarded compensation of Rs. 1,99,650/-and directed the second respondent (National Insurance Company) to deposit Rs. 50,000/- and held that the first respondent is liable to pay the balance amount.

(2.) THE application is filed by the legal heirs of Deva kumar who met with a road traffic accident on 26-9-1986. THE case of the appellants is that the deceased Deva Kumar was riding a motor cycle from ernakulam to Quilon, that when he reached in front of Masjidul Amam Mosque at chandiroor Ambassador Car KLA-9707 driven by the first respondent hit the motor cycle and caused him serious injuries, that he was taken to the Medical Trust hospital, Ernakulam and that he succumbed to the injuries on 29-9-1986.

(3.) WIFE of the deceased (PW. 1) has produced number of documents to prove the occupation and income of the deceased. Deceased was a skilled welder. It is in evidence that he had worked as a Welder in Bombay during 1975 to 1977 (vide Ext A2 ). Ext. A-3 proves that he had completed welding operator qualification test in 1978. Ext. A-4 is the identity card issued from Simon carves (I) Limited, Bombay. It shows that he had worked in that Company as a welder. Ext. A-5 discloses that the deceased has passed welder test in the Gulf country. Exts. A6, A-11, a-12 and A-12 (a) disclose the fact that he was working in different companies in U. A. E. as a welder. Exts. A8 and A-9 are identity cards issued by two different companies in favour of the deceased. Ext. A-13 is the salary certificate issued by the International Oilfield General Services, U. A. E. This shows that when the deceased was employed in that company he earned 3600 dirhams with average over-time amount of 2000 Dirhams over and above the basic salary. Ext. A-13 also shows that the deceased had worked in that Organisation as a welder from 14-6-1983 to 18-5-1986. The Tribunal held that even if the housing allowance is not accounted, on average deceased was getting Rs. 16,000/- (equivalent to 5000 Dirhams ).