LAWS(KER)-2018-4-229

ST. JOHNS MONASTERY Vs. ROJA ABRAHAM AND OTHERS

Decided On April 10, 2018
St. Johns Monastery Appellant
V/S
Roja Abraham And Others Respondents

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) No.138 of 2003 of Motor Accidents Claims Tribunal, Pala by the legal representatives of the deceased M.J.Joseph, who died due to the injuries sustained in a motor accident and the learned Tribunal awarded a compensation of Rs. 1,56,870/- (Rupees One Lakh Fifty Six Thousand Eight Hundred and Seventy Only) with interest and cost. Being aggrieved by that, the legal representative of the deceased preferred this appeal.

(2.) The claimant's case in the lower court was that, on 21.11.2002 at about 11.10 AM, the deceased was walking through the northern side of Ettumanoor - Pala road and when he reached at Andoor Junction, a bus bearing Registration No. KL-5/A-2698 came in a rash and negligent manner and knocked down the deceased. As a result, he sustained serious injuries, while undergoing treatment, he succumbed to the injuries. The driver and owner of the vehicle were set ex-parte. Insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, their documents were marked as Exts. A1 to A1

(3.) The learned Counsel appearing for the appellant contended that the deceased was a retired High School teacher and was getting a salary of Rs. 7,000/- per month. He was a Christian priest at St. John's Monastery, Mutholi, near Pala and the Tribunal awarded a meagre amount as compensation.