LAWS(KER)-2018-1-497

REMANI AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD.

Decided On January 09, 2018
Remani And Others Appellant
V/S
NATIONAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.167 of 2014 of the Motor Accidents Claims Tribunal, Perumbavoor by the legal representatives of the deceased Suresh. The 1st appellant's husband died in a motor accident on 26.11.2013 at 11.30 a.m., and the learned tribunal awarded an amount of Rs. 11,63,600/- (Rupees eleven lakh sixty three thousand six hundred only) with 9% interest per annum from the date of petition till realisation with proportionate cost as compensation. Being dissatisfied with the award amount, the claimants preferred this appeal.

(2.) The appellant's case in the lower court was that on 26.11.2013 at 11.30 a.m., while the deceased, namely Suresh, was travelling as a pillion rider in a motorcycle KL-7/AP-6582 and when he reached at the place of occurrence, another vehicle KL-40/5747 driven in a rash and negligent manner hit against the motorcycle, as a result the rider and pillion rider sustained serious injuries. Immediately, they were removed to Little Flower Hospital, Angamaly and while undergoing treatment, Suresh succumbed to the injuries. The driver and owner contested the matter. The insurer admitted the insurance of the offending vehicle. The claimant did not adduce any oral evidence, but their documents were marked as Exts.A1 to A11.

(3.) Learned counsel appearing for the appellant contended that meagre amount was awarded by the tribunal as compensation. The deceased was aged 46 years at the time of accident and was earning an amount of Rs. 25,000/- per month. But, the learned tribunal took Rs. 6,000/- as his monthly income for dependancy, which is very low.