NATIONAL INSURANCE CO. LTD. Vs. PRASANNA

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V) No. 1509/2014 of the Motor Accidents Claims Tribunal, Ernakulam (for short "the Tribunal") by the insurer of the offending vehicle. The deceased Shilin met with an accident when he was driving his goods autorickshaw, immediately he was removed to hospital while undergoing treatment he succumbed to the injuries. The legal representatives of the deceased preferred the above claim petition under S. 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded compensation of Rs. 23,51,900/-. Being aggrieved by that award amount, insurer preferred this appeal.

(2.) It would be relevant and useful to refer the facts leading to the accident. On 23.01.2014 at 11.30 p.m., the deceased Shilin was driving his goods autorickshaw KL-07/AR 261 from Kalamassery to Manjummel, when he reached at the place of occurrence, another car KL-44/C 533 driven in a rash and negligent manner hit against the autorickshaw, as a result he sustained serious injuries. The driver and owner of the offending vehicle were set ex parte. The insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts. A1 to A11.

(3.) The dependents of the deceased filed a cross objection No. 25/2017 and contended that the deceased was aged 39 years at the time of accident and he was getting more than Rs. 7,500/- per month. The Tribunal took 15 days income at the rate of Rs. 500/-. Therefore, the monthly income would be higher than Rs. 7,500/-. The first petitioner Prasanna aged 35 years, is his wife, the second petitioner Swathika Shilin aged 6 years is his daughter, the third petitioner Shithin M. aged 56 days is his son, the fourth petitioner Thankappan aged 70 years is his father and the fifth petitioner Vasumathy aged 65 years is his mother. The cross objector contended that they were dependents of the deceased.