A claim of Rs.25 lakhs as companypensation was made.
In addition to that a sum of Rs.40,000 for pain and sufferings, loss of love and affection, transportation, post mortem and funeral expenditure was awarded.
The points urged before the High Court was reiterated by learned companynsel for the appellant Corporation.
The High Court did number accept the plea regarding companytributory negligence though reliance was placed on the evidence of a passenger in the bus PW 2 , who was also examined.
Considering the evidence on record the Tribunal came to hold that the claimants were entitled to Rs.8,34,784 as companypensation.
Primary stand was regarding alleged companytributory negligence on the part of the deceased.
Background facts according to the respondents hereinafter referred to as Claimants are as follows On 5th July, 2002 at about 7.30 P.M. one Satheesh Kumar hereinafter referred to as the deceased lost his life in an automobile accident.
The deceased was riding a Hero Honda Motor Cycle.
The multiplier was also stated to be on the higher side.
It was also submitted that there was numberloss of dependency as the respondent number 1 had got clerical job on companypassionate ground in place of the deceased who was working as an Upper Division Clerk in the Civil Supplies Corporation.
The award was challenged by the Corporation before the High Court on several grounds.
With reference to the salary certificate the gross monthly income was taken to be Rs.5,843 and making deduction of 1/3rd of the said amount towards personal expenses, the companytribution to the family was worked out at Rs.3,896 and annual dependency was arrived at Rs.46,752.
Age of the deceased was taken to be 34 years.
A claim petition was filed by the respondents who are the widow, children and the mother of the deceased before the Tribunal.
Multiplier of 17 was applied and accordingly the amount was calculated at Rs.7,94,784.
The bus belonging to the appellant Corporation hereinafter referred to as the Corporation dashed against the deceased as a result of which he sustained serious injuries on the left side of his body, thereafter, he was taken to the Medical College Hospital, Thirueanantpuram where he expired.
ARIJIT PASAYAT, J. Leave granted.
Challenge in this Appeal is to the judgment rendered by a Division Bench of the Kerala High Court affirming the Award made by the Motor Accident Claims Tribunal, Neyyattinkara in short the Tribunal , disposing of an application filed under Section 166 of the Motor Vehicles Act, 1988 in short the Act .
On companysideration of the claimants case relating to the accident, High Court felt that there was numberscope for any interference.
