C.N.RAMACHANDRAN NAIR, C.K.ABDUL REHIM
Joseph – Appellant
Versus
Giji Varghese – Respondent
Abdul Rehim, J.
1. The appellant herein is the claimant before the Tribunal. The appellant’s brother Pappachan alias Thomas sustained fatal injuries when a Jeep knocked down him on the public road, on 2.11.1995. The deceased succumbed to the injuries after 33 years of the accident. The deceased was an unmarried man. Others sibling of the deceased were impleaded as respondents 4 to 8 before the Tribunal. According to the appellant/claimant the deceased was an Agriculturist earning monthly income of Rs. 2500/-. The deceased was aged 54 years at the time of accident. The Tribunal found that neither the claimant nor the other sibling are dependents of the deceased, and hence they are not entitled for any compensation under the head of dependency. The Tribunal found that the appellant/claimant as well as respondent 4 to 8 are entitled for a total compensation of Rs.26,500/-. But considering the provisions under Section 140 of the M.V. Act, an amount of Rs.50,000/- was awarded. The claimant as well as respondents 4 to 8 were allowed equal right over the amount of compensation.
2. Heard the learned counsel for the appellant and Standing Counsel appearing for 3rd respondent ins
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