JOSE Vs. NIYAS

JUDGEMENT

(1.) This appeal preferred by the claimants is in respect of the inadequacy of the compensation awarded by the Tribunal in connection with the sad demise of the son of the appellants 1 and 2 and the sibling of the appellants 3 and 4 in a road traffic accident occurred on 11.5.2007. The deceased, who was pursuing his studies for the 2nd year MBA in the Guruvayoorappan Institute of Management in Coimbatore, was proceeding along the road on a motor cycle bearing No. KL -05/K -7553. While so, when he reached the place of occurrence, a jeep bearing No. KL -7/D -2070 owned, driven and insured by the respondents 1, 2 and 3 respectively before the Tribunal knocked him down causing fatal injuries leading to his death occurred on the same date. This was sought to be compensated by filing the claim petition before the Tribunal.

(2.) The matter was not contested by any of the respondents except the insurance company. No violation of policy/statutory condition was pointed out and the matter was contested only on general grounds. The evidence adduced before the Tribunal consists of the deposition of PWs.1 and 2 and documents marked as Exts.A1 to A21 produced from the part of the claimant; whereas Ext. B1 copy of the scene mahazar was produced from the part of the respondent Company. Based on the materials on record, a total compensation of Rs. 4,76,250/ - was awarded by the Tribunal, which was directed to be satisfied with interest @ 9% per annum from 10.9.2007 till realisation, plus cost. This is sought to be enhanced by way of this appeal.

(3.) Heard the learned counsel for the appellant as well as the learned counsel appearing for the insurance company.