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2021 Supreme(Ker) 644

A.BADHARUDEEN
Valsala W/o. Late Mohanan – Appellant
Versus
Divisional Manager, M/s. Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Pratheesh.P, Smt.Nima Jacob, Smt. S. Seetha, Advs.
For the Respondent:Sri. George Cherian (Sr.), Smt. Latha Susan Cherian, Smt. K.S. Santhi, Advs., K.S Santhi, Advocate

JUDGMENT :

The petitioners, who are aggrieved by the award of the MACT, Kollam, in OP (MV). No.1593 of 2011 dated 11.04.2014, have approached this Court seeking enhancement of compensation granted by the Tribunal. The respondent herein is the original 3rd respondent before the Tribunal.

2. One Mohanan died in a motor cycle accident occurred on 21.04.2011 at about 8.30 am, while riding his motor cycle, since he was hit down by an autorikshaw driven by the 1st respondent in a rash and negligent manner. The claimants claimed Rs.25 lakh as compensation.

3. The insurance company filed a written statement and admitted the policy. Negligence was disputed and quantum of compensation was challenged. Respondents 1 and 2 remained ex-parte before the Tribunal.

4. Learned Tribunal, after adducing evidence, passed the impugned award granting Rs.8,37,000/-along with 9% interest. The above award is under challenge before this Court.

5. Learned Counsel for the petitioners submitted that the Tribunal fixed Rs.6,000/- as monthly income of the deceased for the purpose of assessing loss of dependency in

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