SUSANIA SEENA SANTHOSH Vs. PRADEEP K S

JUDGEMENT

(1.) These connected appeals arise from the claim petitions filed by one Mr. Santhosh who as pillion rider in a two wheeler sustained injury in an accident that happened on 26/07/1997 and the claim petitions later filed by wife, child and parents of the very same person viz., Mr. Santhosh who later died in an accident that happened on 14/04/2000 while he was riding a bike which hit against a tempo van. During pendency of the claim petition filed by the injured he died in the second accident and, therefore, his wife and child are the appellants in the appeal filed for enhancement of compensation for injury sustained also. Besides claim for enhancement of compensation there is dispute between the legal heirs of the deceased. The claim of the parents of the deceased is that there is no proper marriage between the lady who filed claim petition as wife of the deceased.

(2.) Different counsel appearing in different cases for the mother of the deceased have stated before Court that they have been asked to relinquish vakalath and they accordingly relinquished vakalath. However, no other counsel is engaged by the mother of the deceased. We have heard counsel appearing for the other parties and proceed to dispose of the cases on merits.

(3.) So far as the compensation for the injury sustained by the deceased in the first accident is concerned we feel enhancement is called for expenses in the hospital for over a month. Negligence was found by the MACT against the driver of the offending vehicle. However, since the injured later died in another accident and claim for enhancement by legal heirs is considered by us in the connected appeal, we grant an additional compensation of Rs.25,000/- to the compensation already granted by the MACT in the claim case No. 3119/1997.