SHEEJA Vs. P G SHANKARANKUTTY

JUDGEMENT

(1.) The appellants, who are the wife, children and parents of deceased Ramakrishnan, are before us in this appeal. The case of the appellants is that while deceased Ramakrishnan was travelling in a bus on 23.11.2004, he was thrown away from the bus due to the rash and negligent driving by the second respondent. He sustained severe head injuries and was treated as inpatient for more than 40 days and succumbed to the injuries on 14.1.2008. The Tribunal awarded only a meagre sum of Rs.6,32,484/- against a claim of Rs.20 lakhs. Hence, this appeal.

(2.) When the appeal came up for hearing, the learned counsel for the appellants submitted before us that deceased Ramakrishnan was working as a Sweeper in State Bank of India and was drawing a monthly salary of Rs.7,000/-. He met with the accident in the month of November, 2004. He was born on 14.3.1958 and when he met with the accident, there was about 12 years service left behind. After the accident, he never attended his office, but was under the care of others. It is the submission that the compensation awarded by the Tribunal is on a lower side.

(3.) We have heard the learned counsel for the appellants and also the learned counsel for the insurance company. The learned counsel submitted before us that here is a case where the death was only after about three years of the accident. Actually, no positive evidence was produced by the appellants/claimants to establish that the deceased died due to the injuries sustained in the motor vehicle accident.