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2011 Supreme(Ker) 1116

V.CHITAMBARESH, R.BASANT
Chellammal – Appellant
Versus
Badarudeen Alias Babu – Respondent


Advocates Appeared:
For the Appellants : R. Padmakumar and Mr. P. Aravind
For the Respondents: Rajasekharan Pillai, Shri Sabina Jayan, Shri K.V. Anil Kumar, Shri K.K.M. Sherif, Shri Lal K. Joseph, Shri A.A. Ziyad Rahman

JUDGMENT :

R. Basant, J.

1. Claimants are the appellants. They are the mother aged 62 years and siblings of the deceased, a young man aged 23 years on the date of the accident, i.e. on 25th April, 2002. He succumbed to the injury suffered in that accident. Against a total claim of limited to Rs. 6 lakhs, Tribunal awarded an amount of Rs. 1.5 lakhs as compensation as per the details given in paragraph 9 of the impugned award which we extract below.

Sl.No.

Head of claim

Amount claimed (in rupees)

Amount awarded (in rupees)

1

Transportation and ambulance expenses

Rs. 3500/-

3500/-

2

Damage to clothing

Rs. 500/-

Rs. 500/-

3

Pain and sufferings

Rs. 20000/-

Rs. 10000/-

4

Loss of dependency

Rs. 6,00,000/-

Rs. 1,26,000/-

5

Funeral expenses

Rs. 5000/-

Rs. 4000/-

6

Loss of estate, etc.

Rs. 75000/-

Rs. 5000/-

7

Extra nourishment

Rs. 2000/-

500/-

8

Bystander's expenses

Rs. 1000/-

Rs. 500/-

9

Total

Rs. 7,17,000/-

Rs. 1,50,000/-

 

 

(limited to Rs. 6,00,000/- )

 

We have heard the L













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