AYISHA Vs. PRINCIPAL, CHERPULASSERY ENGLISH MEDIUM SCHOOL

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) No.92 of 2017 of the Motor Accidents Claims Tribunal, Ottapalam by the dependants of the deceased Muhammed Nissar. On 29.08.2006 the deceased met with an accident and the learned Tribunal awarded compensation of Rs. 6,90,800/- (Rupees Six Lakhs Ninety Thousand Eight Hundred only) with 9% interest and proportionate cost to the dependants of the deceased. Being aggrieved by that, they preferred this appeal.

(2.) The accident was not disputed by the respondents in the lower court. Claimants case in the lower court was that on 29.8.2006 at 15 p.m., while the deceased was riding a motorcycle KL-9/F-2576 from Cherupulassery to Perinthalmanna and when he reached at Thootha Health Centre, another vehicle KL-09/1571 driven in a rash and negligent manner hit against the motorcycle, as a result he fell down and the bus run over the body of the deceased and he succumbed to the injuries on the spot. The driver and owner denied the negligence. Insurer admitted the insurance of the offending vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A8. Respondents evidence consists of Ext.B1 and B

(3.) Learned counsel appearing for the appellants contended that the deceased was a Sales Executive in a Private Company, aged 22 years at the time of accident and was getting Rs. 15,000/- per month, but while awarding compensation, the learned Tribunal took only Rs. 4,000/- as his monthly income which is very meagre.