KRISHNAKUMARI E Vs. T R BALAKRISHNAN

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.2891/2002 of the Motor Accidents Claims Tribunal, Thrissur by the dependents of the deceased Dr.Anoop. On 16.08.2002 at 7.15 am, an MBBS Doctor, who was doing house surgency, sustained serious injuries in a motor accident, while he was riding a motor cycle along Pazhuvil to Thrissur public road, as a result the deceased sustained serious head injuries, while undergoing treatment he succumbed to the injuries at Medical College Hospital, Thrissur. The learned Tribunal awarded Rs.7, 52, 000/- with 7% interest and proportionate cost. Being aggrieved by that, dependents and legal representatives preferred this appeal.

(2.) In the lower court the driver and owner were set ex-parte. The insurer admitted the insurance of the offending vehicle KL 8A/414 bus. Claimants evidence consist of oral testimony of PW1 and Exts. A1 to A14. Respondents did not adduce any evidence.

(3.) In fatal accident case, the measure of damage is towards the pecuniary losses, which is to be suffered by the dependents as a result of the death. But the assessment of damages to the dependents is beset with difficulties because from the nature of things, it has to take into account many imponderables. The life expectancy of the deceased and the dependents are the major factors. Secondly, the amount that the deceased would have earned during the remaining period of his life, the amount that he would have contributed to the dependents during that period is also relevant. The chances that the deceased may not have lived or the dependents may not live up to the estimated remaining period of their life expectancy, the chances that the deceased might have got better job and earned more income also have to be considered by the tribunal.