ANNIE SEBASTIAN Vs. JOSEPH OLIVERO

JUDGEMENT

(1.) THE claimant in M. V. O. P. No. 38 of 1979 before the motor Accidents Claims Tribunal, Ernakulam, is the appellant. Her son, Xavier, died in a bus accident on 29-8-1975. THE accident involved stage carriage bearing legislation No. KLP 1835. That vehicle is said to have hit the bicycle which the deceased, Xavier was riding throwing Xavier on to the road and he was crushed under the vehicle. He succumbed to the injuries shortly thereafter. He was aged 24 years at that time, and was earning Rs. 250/-per month. THE claim of the appellant before the Tribunal was for an amount of Rs. 75,000/-, towards compensation, against the first respondent-owner, second respondent-driver, and the third respondent-insurer of the stage carriage, KLP 1835.

(2.) THE Tribunal awarded an amount of Rs. 15,000/-towards compensation with interest at 6 percent from the date of the award. An amount of Rs. 15,000/ -was deposited pursuant to that award in April, 1981. THE appellant seeks enhancement of the amount of compensation by a further amount of Rs. 60,000/ -. She also seeks interest from the date of claim petition as also costs in the proceedings.

(3.) THE main point of dispute, however, relates to the process of quantification of damages. Admittedly, the deceased son of the appellant, who was aged 24 years at the time of the accident, was earning an amount of Rs. 250/-per month as an employee of Mercantile and Marine Services, cochin. Ext. P1 SSLC book proves his age and his qualifications. Ext. P2 evidences that the deceased has also acquired KGT Certificate. Ext. P3 salary certificate sustains the case of the claimant about the average monthly earnings of the deceased. Those points cannot, therefore, be effectively disputed.