KRISHNAN Vs. T P WILSON

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.503 of 2004 of the Motor Accidents Claims Tribunal, Palakkad by the dependants of the deceased Vinod. On 18.04.2004, the deceased met with an accident while riding a motorcycle KL-9/K-5185 and the learned Tribunal awarded Rs.2,49,900/- (Rupees Two Lakh Forty Nine Thousand Nine Hundred only) with 7.5% interest and cost and compensation. Being aggrieved by that, the dependants of the deceased preferred this appeal.

(2.) There is no dispute with regard to the accident. In the lower court, driver and owner were ex parte and the insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A8. Respondent 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.