Point of Law: Motor Accident - Death - Award is modified - The loss of dependency income would come to : 23800 X 12 X 15 X 2/3 =28,56,000/-, out of which Rs.25,20,000/-was granted by the Tribunal and the balance Rs.3,36,000/-more is granted under this head.

JUDGMENT :

This appeal is at the instance of the petitioners, who are aggrieved by the award of M.A.C.T, Irinjalakuda in OP(MV) No.856/2015 dated 04.06.2018. Original 2nd respondent is the sole respondent herein.

2. The parties in this appeal will be referred as to their status before the Tribunal.

3. Petitioners, claimed to be the legal heirs/dependants of the deceased Harilal, who died in consequence of an accident occurred on 21.03.2015, approached the Tribunal and sought compensation to the tune of Rs.50 lakh, arraying the driver cum owner and insurer of the offending vehicle as respondents.

4. Petitioners alleged negligence on the part of the 1st respondent, who is the driver of the car bearing registration No.KL-08-AV-1391.

5. The 1st and 2nd respondents filed written statements. The 1st respondent denied the negligence attributed against him and challenged the quantum also. Valid policy with the 2nd respondent was highlighted. The 2nd respondent admitted the policy and disputed the negligence. Quantum of compensation was challenged.

6. Learned Tribunal adjudicated the matter on evidence and finally granted Rs.26,10,000/- as compensation. The said finding of the learned Tribunal is under challenge in this case.

7. Heard the learned Counsel for the original petitioners as well as the learned Counsel for the insurance company.

8. The learned counsel for the petitioners argued that the deceased was earning income from two sources, viz., from Mathrubhumi daily and from a supermarket run by him. Accordingly the petitioners asserted the monthly income of the deceased as Rs.37,000/-. Ext.A17 certificate issued from Mathrubhumi daily would go to show that he was getting an average monthly income of Rs.6,783/-. Even though there is no proof regarding the actual income received by the deceased from supermarket, Exts.A11 to A14 would show that the deceased was successfully conducting the supermarket and he had paid profession tax and sale tax. The Tribunal found that the deceased was running supermarket business. But the Tribunal fixed Rs.15,000/-as the monthly income of the deceased and the said finding cannot be justified. The learned counsel for the petitioners pressed for increase in the matter of monthly income of the deceased.

9. Per contra, the learned counsel for the insurance company submitted that the specific income of the deceased was not established though documents were produced to substantiate the fact that the deceased was running supermarket business. It is submitted further that the income from Mathrubhumi daily also was not stable and nobody was examined to prove Ext.A17 certificate issued in this regard, so as to conclude that the said income as stable. He also submitted that the Tribunal fixed Rs.21,000/-as the monthly income to assess the loss of dependency income by giving 40% addition also. Therefore, the monthly income fixed in this case is reasonable and the argument advanced by the learned counsel for the petitioners to get increase in the monthly income fixed by the Tribunal cannot be accepted.

10. In view of the afore said arguments, I have perused the petition averments. On perusal of the petition, Rs.37,000/-per month was claimed as monthly income of the deceased by the petitioners. Though Exts.A11 to A17 were produced to substantiate running of supermarket by the deceased and also to prove the income of the deceased from Mathrubhumi daily, nobody capable of speaking the contents of the documents examined. Even oral evidence of the petitioners also not adduced. Therefore, the learned counsel for the insurance company is right in disputing the above documents. Going by Exts.A11 and A12, running of supermarket business by the deceased could be gathered. Similarly, payment of profession tax and sale tax returns to be read out from Exts.A14 and A13 documents. Ext.A15 is the licence fee receipt.

11. The Tribunal