BINDU AND OTHERS Vs. MANOJ AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No. 377 of 2012 of the Motor Accidents Claims Tribunal, Ottapalam by the dependants of the deceased Ranjith Kumar who died in a motor accident on 21.05.2007. The learned Tribunal awarded compensation of Rs. 17,61,400/- (Rupees Seventeen Lakhs Sixty One Thousand Four Hundred only) with 9% interest and proportionate cost. Being aggrieved by that, the dependants of the deceased preferred this appeal.

(2.) There was no dispute with regard to the accident in the lower court. Appellants case in the lower court was that, on 21.05.2007 at 2.15 p.m., while the deceased was driving a car KL-07/P-(Temp)5628 through Thrissur-Shoranur public road and when he reached at the place of occurrence, a bus KL-8/X-9226 driven in a rash and negligent manner from the opposite side hit against his car, as a result he sustained serious injuries and on the way to hospital, he succumbed to the injuries. The driver, owner and insurer filed written statements in the lower court. Insurer admitted the insurance of the vehicle. His mother was impleaded as 4th respondent in the above O.P.(M.V.). Claimants examined PW1 and their documents were marked as Exts.A1 to A14. Respondent examined RW1 and Ext.B1 was marked as documentary evidence.

(3.) Learned counsel appearing for the appellant contended that there are four dependants, hence ?th has to be deducted in view of Sarla Verma v. Delhi Transport Corporation [2010 (2)KLT 802(SC) ] but the learned Tribunal deducted only and just amount was not awarded.