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2021 Supreme(Ker) 920

T.R.RAVI
New India Assurance Company Limited – Appellant
Versus
Vasantha Menon W/o Late M. M. Menon @ Madhava Menon M. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Mathews Jacob, Sri. P. Jacob Mathew.
For the Respondents: Smt. T.S. Maya, Smt. K.A. Sunitha, Sri. K. Rajeev Thiyadil, Sri. V.P. Viji.

JUDGMENT :

T.R. RAVI, J.

1. The appeal is filed by the 3rd respondent before the Tribunal. The claimants before the Tribunal have preferred a Cross Objection. The parties are referred to as per their status before the Tribunal. The 1st claimant's husband, while walking along the Chittoor road, Ernakulam, at about 5.40 A.M. on 16.5.2011, was hit by an autorikshaw driven in a rash and negligent manner. He was taken to Specialists Hospital, Ernakulam for treatment. While undergoing treatment, he succumbed to the injuries on 24.5.2011. The deceased was a novelist. He had retired from the Southern Naval Headquarters as Office Superintendent Grade I. The wife and 3 children of the deceased preferred the claim petition before the Tribunal. The Tribunal awarded a sum of Rs. 6,44,000/- as compensation. The insurer who was the 3rd respondent before the Tribunal has filed this appeal contending that the amount awarded is excessive.

2. Heard the counsel for the appellant and the respondents.

3. The deceased was aged 76 years at the time of the accident. He was earning a monthly pension of Rs. 11,816/-. According to the claimants, the deceased was getting Rs. 5,000/- per month from his literary wor

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