SIJI Vs. VARGHESE, S/O PATHROSE

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.1040 of 2006 of the Motor Accidents Claims Tribunal, Pala by the dependants of the deceased Kuriachan who met with an accident on 01.10.2006 at 2.30 p.m., while riding a motor cycle. The learned tribunal awarded an amount of Rs.6, 79, 800/- (Rupees Six Lakh Seventy Nine Thousand Eight Hundred only) with interest and cost as compensation to the dependants. Being dissatisfied with the award amount, they approached this Court with this appeal.

(2.) There is no dispute with regard to the accident. The claimants case in the lower court was that, while the deceased was riding a motor cycle KL-5/N-1783 through M.C. Road and reached at the place of occurrence, another vehicle KL-7/AJ8930 driven in a rash and negligent manner hit against the motor cycle, as a result, Kuriachan and the pillion rider fell down and sustained serious injuries. While undergoing treatment, he succumbed to the injuries. The claimants did not adduce any oral evidence. The claimants petition was tried along with O.P.(M.V.) No.1036 of 2006 and O.P.(M.V.) No.1037 of 2006 and all the three cases were disposed of by a common judgment. The evidence consists of documentary evidence of Exts.A1 to A23.

(3.) Learned counsel appearing for the appellants contended that very low amount was awarded by the tribunal as compensation. They are entitled to get just amount as compensation. The deceased was an electrical wireman and was getting Rs.7, 000/- per month, but the learned tribunal took only Rs.3, 000/- as his income for assessing compensation.