SUBHALAJA AND OTHER Vs. S. NAJIM AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) No. 1294 of 2009 of the 1st Additional Motor Accidents Claims Tribunal, Kollam by dependants of the deceased Suresh Kumar. The learned Tribunal awarded compensation of Rs. 6,85,000/- (Rupees Six Lakhs Eighty Five Thousand only) with 7.5% interest and proportionate cost. Being aggrieved by that, the claimants preferred this appeal.

(2.) Claimants case in the lower court was that on 26.09.2009 at 12.15 p.m., while the deceased was standing near his auto rickshaw on the side of Kannanalloor-Kundara public road at that time, a lorry KL-2/U-7461 driven in a rash and negligent manner hit against the deceased and his auto rickshaw as a result, he sustained serious injuries and while undergoing treatment at District Hospital, Kollam, he succumbed to the injuries on the same day. The driver and owner of the lorry were ex parte and the insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A16.

(3.) Learned counsel appearing for the appellant contended that the deceased was an auto driver at the time of accident and was getting Rs. 7,000/- per month. He had two auto rickshaws, one of the auto rickshaw was driven by him and the other vehicle was driven by a paid driver and thereby he was getting a substantial income. Even then, the Tribunal took Rs. 5,000/- as his monthly income for calculating dependency compensation.