HASEENA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (MV)No.579/2014 of the Addl. Motor Accidents Claims Tribunal, Ernakulam by the dependents of the deceased Sajeevan. On 27.01.2013 at 7.15 pm, the deceased sustained injuries in a motor accident and he died on 03.01.2014 and the learned Tribunal awarded compensation of Rs.19,83,000/- with 6% interest and proportionate cost. Being aggrieved by that, the dependents of the deceased preferred this appeal.

(2.) The claimant's case in the lower court was that on 27.01.2013 at 7.15 pm, the deceased was walking through the side of Alappuzha - Ernakulam NH road, when he reached at south of Aroor Church, a bus KL-15/8265 driven in a rash and negligent manner and knocked down the deceased, as a result, he sustained serious injuries. Immediately, he was removed to General Hospital, Ernakulam and subsequently he was treated in Lissy Hospital, Ernakulam. He was again referred to Medical Trust Hospital, where he succumbed to the injuries on 31.01.2014. The driver and owner were set ex-parte in the lower court. The insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A11 and Ext.A12 series and Ext.A13. Respondents did not adduce any evidence. The learned Tribunal awarded the following amount as compensation.

(3.) The learned counsel appearing for appellants contended that the deceased was a decoration worker and was getting Rs.12,000/- per month. The learned Tribunal took only Rs.6,000/- for calculating dependency compensation. Claimants are wife, minor children and parents of the deceased and just amount was not awarded by the Tribunal.