KATHIJA BEGAM AND ORS. Vs. NIZAMMUDEEN AND ORS.

JUDGEMENT

(1.) THE appeal has been preferred by the claimants against the award of Rs.5,09,200/ - passed by the Tribunal and exoneration of the liability of the second respondent -Insurance Company from the liability with regard to the accident occurred on 23.12.2007, in which, the first appellant's husband Meeran Maideen aged about 42 years, a vegetable and milk vendor alleged to be earning a sum of Rs.10,000/ - as monthly income of the deceased.

(2.) FIRSTLY , Mr. Ma.P.Thangavel, learned counsel appearing for the appellants would submit that it is proved before the Tribunal that the driver of the offending vehicle did not possess a valid driving license. However, instead of directing the second respondent -Insurance Company to pay the compensation amount and recover the same from the owner of the offending vehicle, exonerated the second respondent -Insurance Company from the liability completely and passed award against only the owner of the offending vehicle. Therefore, he seeks to set aside that portion of the award alone. Secondly, he would submit that Rs.3,000/ - determined by the Tribunal as monthly income of the deceased is on the lower side and hence, he seeks to enhance the same at Rs.6,500/ -p.m. as per the judgment of the Hon'ble Supreme Court in Syed Sadiq etc. Vs Division Manager, United India Insurance Company Limited reported in : 2014 (1) TN MAC 459 and also to increase 30% towards future prospects.

(3.) HEARD Mr. Ma.P.Thangavel, learned counsel appearing for the appellants and Mr.J.Chandran, learned counsel appearing for the second respondent -Insurance Company and also perused the materials available on record very carefully.