NASEEMA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The accident was on 15.12.2009. An auto rickshaw and a car collided. The passenger in the auto rickshaw, by name Moosa, sustained grievous injuries. He succumbed to the injuries in the hospital after 7 days. The cause of accident was the rash and negligent driving of the car. The car was insured with the sole respondent in the appeal who was the third respondent before the tribunal. The above are facts either admitted or proved.

(2.) Heard Sri.L.Rammohan and Sri.A.R.George, the learned counsel for the appellant and the respondent respectively.

(3.) The appellants are the widow, children and mother of Moosa. They alleged that Moosa was a timber merchant. The tribunal notionally fixed an income of Rs 4, 000/- per month for Moosa. The notional income fixed by the tribunal was on the lower side. The accident was in December 2009. The claim of the appellants was only that Moosa was getting a monthly income of Rs 6, 000/-. That much was possible to be earned even by a daily labourer in 2009-2010. I therefore do not find any justification in reducing the income of Moosa than claimed by the appellants.