JALEESA v. GANGADHARAN

This appeal is preferred against the award in OP(MV) No.556/2011 of Motor Accidents Claims Tribunal, Kozhikode by the dependents of the deceased Noufal. On 27.12.2009 at about 7.30 pm the deceased sustained serious injuries in a motor accident while undergoing treatment, he succumbed to the injuries. The learned Tribunal awarded compensation of Rs.6,69,000/- with interest and cost. Being dissatisfied by that, the dependents and legal representatives of the deceased preferred this appeal.

2. In the lower court, their case is that on the date of accident the deceased was travelling in a motor cycle No.KL-11-V-7550 as a pillion rider through Kozhikode-Kannur NH road and when he reached near St.Michel's School, another vehicle No.KL-11-Y-7767 hit against the motor cycle. Immediately, he was removed to M.A.C.A No.648 of 2012 Medical College Hospital, Kozhikode. The driver and owner of the vehicle were set ex-parte, they did not contest the matter. The insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence but their documents were marked as Exts.A1 to A7.

3. The learned counsel appearing for the appellants contended that the learned Tribunal awarded a small amount as compensation. The deceased was a Mason by profession and was getting Rs.8,000/- per month, but the learned Tribunal took only Rs.4,000/- for calculating dependency. It is true that in the lower court, the appellants did not adduce oral or documentary evidence to prove the income. In the absence of such proof regarding income Rs.5,000/- will be a reasonable amount for calculating dependency compensation in view of decision in Dixit Kumar and Ors. v. OM Prakash Goel (2017 ACJ 2057).

4. Apex court in National Insurance Company V. Pranay Sethi [2017 (4) KLT 662 (SC)] held M.A.C.A No.648 of 2012 as follows: