HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, P.V.ASHA, JJ
RAMAKRISHNA PILLAI – Appellant
Versus
SANTHOSH JOSEPH – Respondent
J UDGMENT
Asha , J., Appellants, who are the legal heirs of deceased Ajithakumari have approached this Court seeking enhancement in compensation. The deceased met with the fatal accident on 29.4.2009, on being knocked down by a bus while she was riding her Kinetic Honda Scooter and succumbed to the injuries. The appellants are her husband, two minor children and her mother. The deceased was aged 44 at the time of the accident. She was working as a Mahila Prathan Agent in the Post office since her appointment as such in the year 1998. Claim petition was filed seeking compensation to the tune of Rs. 20 lakhs. Towards loss of dependency, the appellants claimed that she was getting an annual income of Rs. 1,85,562/- during the year 2008 by way of commission, allowances, incentives and bonus.
2. The Tribunal passed an award for a sum of Rs. 19,03,500/-.
A sum of Rs. 17,33,498/- was awarded towards compensation for pecuniary loss caused by the death of the deceased. Learned counsel for the appellant submits that the amount awarded under various heads are thoroughly inadequate. The Tribunal did not reckon the income of the deceased correctly, despite documentary evidence proving the same.
3.
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