HALEEMA AND OTHERS Vs. JOY AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P(MV) No.1166/2011 of the Motor Accidents Claims Tribunal, Ernakulam by the legal representatives of the deceased Musthafa. On 18.07.2009, at about 9.00 am, the deceased met with an accident while riding a motor cycle KL-17-B 7148 and he succumbed to the injuries on the same day and the learned Tribunal awarded compensation of Rs. 7,23,000/- with interest and cost. Being dissatisfied with the award amount, the legal representatives preferred this appeal.

(2.) The insurer admitted the insurance of the offending vehicle. There is no dispute with regard to the accident occurred on 18.07.2009 with the vehicle KL40-B 586. The deceased was aged 47 years at the time of accident and he was working abroad as a driver. In view of the decision in Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802 (SC)] , appellants are entitled to get the just amount as compensation.

(3.) Apex Court in National Insurance Company v. Pranay Sethi held as follows: