VIJAYALEKSHMI AND OTHERS Vs. BABY PADMAM AND OTHERS

JUDGEMENT

(1.) The appeal has been filed by the petitioners in O.P. (MV).No. 1458/2011 dissatisfied with the compensation awarded for the death of Sri. Gopalakrishna Pillai. They claimed a total amount of Rs. 17,30,000/- and Tribunal awarded only Rs. 2,32,500/- under the following heads: <FRM>JUDGEMENT_236_LAWS(KER)4_2018_1.html</FRM>

(2.) The main contention urged by the appellants is regarding loss of dependency. It is stated that the deceased was a retired High School Assistant and a Teacher-cum-Manager in the Nalanda Academy and Computers, Anchalummoodu at the time of his death and he was 57 years of age. According to the claimants his last drawn pension was Rs. 19,000/- and that the family pension now drawn is Rs. 18,000/-. Ext.A7 has been produced to prove that the monthly income was Rs. 10,000/-. However, the Tribunal in the absence of evidence to prove the same, fixed the notional income as Rs. 3,500/- and awarded the compensation accordingly.

(3.) Learned counsel for the appellants submitted that there is sufficient evidence to prove the loss of dependency and therefore a higher amount has to be fixed. The only aspect that requires consideration is whether the claimants are entitled for any enhancement in compensation.