CHITHAKKAL Vs. MARIA THANGA PUSHPAM

JUDGEMENT

(1.) The Claimants are aggrieved over the compensation of Rs. 3,19,800/- for the death of the deceased, who is the husband of the first appellant, who died in the accident occurred on 11.05.2005, when he was carrying fish in the mini lorry, which was driven by its driver in a rash and negligent manner, leading to capsizing and resulting in the death of the deceased. Therefore, the claimants preferred the claim petition.

(2.) On contest, the Tribunal found that the vehicle in question was driven rash and negligently and hence, the Tribunal awarded a sum of Rs. 3,19,800/-. The Insurance Company has not preferred any appeal regarding negligence and liability and therefore the question posed before this Court is only with regard to quantum of compensation.

(3.) Mr. T. Selvakumaran, learned counsel for the appellants/claimants would submit that only a sum of Rs. 2,700/- p.m was fixed as monthly income of the deceased, who is a fisherman, selling fishes during the year 2005, which is on the lower side. Further, one third deduction is also not sustainable. Further, he would submit that only a sum of Rs. 20,000/- was awarded towards love and affection to all the dependants including the wife. Hence, the learned counsel seeks for enhancement of the same. However, the learned counsel for the Insurance Company opposed the same.