LAWS(KER)-2018-5-321

JAYASREE Vs. MOHAMMED SHAREEF

Decided On May 23, 2018
JAYASREE Appellant
V/S
Mohammed Shareef Respondents

JUDGEMENT

(1.) A person by name Gopalan died in a road accident. It was on 1.10.2015. He was 58 or 60 years old. He sustained severe injuries and died in the hospital on the same day. He who was on a bicycle was knocked down by a bus. The bus was driven in a rash and negligent manner. It was insured with the third respondent. The above are facts either admitted or proved.

(2.) Heard Sri. A.V.M. Salahuddeen, the learned counsel for the appellants and Sri. A.A. Ziyad Rahman, the learned counsel for the third respondent.

(3.) The tribunal awarded compensation to appellants 2 and 3 only under the head of loss of love and affection. The first appellant is the widow of the deceased. She alone was the dependent of him. As such 50% of the monthly income should be deducted as held in Sarla Verma Vs. Delhi Transport Corporation (AIR 2009 SC 3104). The age of Gopalan was shown as 58 years in the application filed by the appellants for compensation. But the age shown in the post-morterm examination certificate is 60 years. The age of 58 years or 60 years does not make any difference so far as the multiplier is concerned. It is 9.