LAWS(KER)-2016-2-207

CHELLAPPAN Vs. BIJU VARGHESE

Decided On February 10, 2016
CHELLAPPAN Appellant
V/S
Biju Varghese Respondents

JUDGEMENT

(1.) The legal heirs of one Hari krishnan who died at the age of 20 years in a motor vehicle accident, are the appellants. They were the claimants in O.P.(MV).No.60 of 2005 on the files of the Motor Accidents Claims Tribunal, North Paravur. Admittedly, he was a bachelor and in the claim petition, it is contended that he was a Turner by profession and was getting Rs.5500/ - as monthly income excluding the incentives. Admittedly, the death was instantaneous. The appellants who are the parents and elder brother of the deceased approached the Tribunal claiming Rs.18 lakhs as compensation. The Tribunal, as per the impugned award, granted Rs.4,59,000/ - as compensation. It is in the said circumstances that the captioned appeal has been preferred contending that the Tribunal has not granted just compensation and seeking enhancement of the amount of compensation.

(2.) Pending the appeal, the first appellant, the father of deceased Hari krishnan died. His legal heirs viz., his widow and the elder son are already on the array as respondents 2 and 3.

(3.) We have heard Adv.Smt.Gisa Susan Thomas, the learned counsel for the appellants, Adv.Sri.George Cherian, the counsel for the second respondent and also Adv.Sri.M.T. Balan, appearing for respondents 2 and 3.