KULANTHASWAMY AND OTHERS Vs. K ABBAS AND OTHERS

JUDGEMENT

(1.) The loss resulted on the death of the sole bread winner of the family due to a road traffic accident made the claimants to approach this Court by filing this appeal, referring to the inadequacy of the compensation awarded by the Tribunal.

(2.) The accident occurred on 20.10.1997. The deceased, aged 18 years was proceeding along the road. By about 7.45 p.m., the offending jeep came in a rash and negligent manner and knocked him down causing fatal injuries. The injured succumbed to the same on the same day. This led to the claim petition preferred by the parents and the sister of the deceased, claiming a total sum of Rs.5 lakhs as compensation. The owner and driver of the vehicle did not choose to contest the matter and were set ex parte. The insurer sought to challenge the negligence and quantum. The evidence adduced before the Tribunal consists of the oral deposition given by the first claimant (father of the deceased, who has been subsequently removed from the party arrayed in the appeal, pursuant to his demise) as PW 1 and the documentary evidence adduced as Exts. A1 to A7. Based on the materials on record, the Tribunal arrived at a finding that the accident was only because of the negligence on the part of the driver of the jeep and the liability was sought to be fixed accordingly.

(3.) With regard to the quantum of compensation, the case projected by the claimants was that the deceased was working in Balaji Modern Spinning Mills, Kanjikode with a monthly income of Rs.2,500/-. The engagement of the deceased as above was sought to be substantiated by producing Ext.A5 certificate issued by the Labour Welfare Officer, Balaji Spinners, Kanjikode dated 1.11.2002. However, observing that Ext.A5 did not reflect the monthly income, the Tribunal chose to reckon Rs.1,800/- as the notional income in this regard and worked out the compensation reckoning the multiplier as "16", based on the second schedule to the MV Act ; thus granting a sum of Rs.2,30,400/- under this head. The Tribunal awarded a further sum of Rs.2,500/- as loss of estate, Rs.2,000/-towards funeral expenses, Rs.5,000/- towards compensation for mental shock (presumably for pain and suffering) and Rs.10,000/-towards love and affection; thus granting a total sum of Rs.2,49,900/- which was directed to be satisfied with interest at the rate of 6% per annum. Since the policy was admitted, the due amount was ordered to be satisfied by the Insurance Company.