SYAMALAKUMARAN AND OTHERS Vs. KUNHI MUHAMMED AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (MV).No.1035 of 2010 of the Motor Accidents Claims Tribunal, Palakkad, by the legal representatives and the dependents of the deceased Krishna Prasad. The deceased sustained injuries in a motor accident on 13.8.2009, while undergoing treatment, he succumbed to the injuries, after 72 days of the accident, i.e. on 5.11.2009. The learned Tribunal awarded compensation of Rs. 7,45,000/- with 9% interest and cost. Being dissatisfied by that, the dependents preferred this appeal.

(2.) There is no dispute with regard to the accident by the respondents. The claimants' case in the lower court was that the deceased was riding a motor cycle from Palakkad to Kozhikode through NH213 and when he reached at Kayaramkode, the offending vehicle bearing Reg. No. KL14B 3321 driven in a rash and negligent manner, hit against the deceased, who was riding the motor cycle bearing Reg. No. TN-37-E-7213 and he sustained serious injuries. The driver and owner of the lorry did not defend the case. The insurer admitted the insurance of the vehicle. The claimants examined PWs 1 and 2 and produced Exts.A1 to A24 in support of their claim. Respondents did not adduce any evidence. The third party evidence was marked as X1 and X1 (a).

(3.) The learned counsel appearing for the appellants contended that the deceased was 27 years at the time of accident. He was an Electrician and was getting a monthly income as Rs. 6,000/-, but the learned Tribunal took only Rs. 5,000/- as monthly income. The multiplier 13 was taken after considering the age of the mother. But, in view of the decision reported in Sarla Verma v. Delhi Transport Corporation 2010 (2) KLT 802 (SC), the correct multiplier is 17. Meagre amount was awarded by the Tribunal. The dependents are entitled to get just amount. The learned counsel appearing for the insurer submitted that just amount was awarded by the Tribunal and no interference is necessary.