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2008 Supreme(Online)(KER) 37081

HIGH COURT OF KERALA
J.B.KOSHY, K.P.BALACHANDRAN, JJ
KAMALAKSHY – Appellant
Versus
NAIR MOHAN SIVARAM – Respondent


JUDGMENT

K oshy,J .

A youngster aged 27 died in a motor accident on 7.7.1996.

His mother, sisters and brothers filed an application for compensation claiming an amount of Rs.7,00,000/=. Even though the Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, the total amount awarded was only Rs.1,02,000/=. Only Rs.84,000/= was awarded as dependency compensation. Only quantum of compensation is disputed in this appeal.

2. According to the claimants, the deceased was employed in Muscat getting more than Rs.20,000/= as monthly income. Ext.A10 is the driving licence of the deceased issued from Muscat. Ext.A11 is the passport. Exts.A13 and A14 are the certificates of merit relating to the deceased. Indian licence is produced as Ext.A15. That shows that he has got driving licence to drive vehicles not only in India but also in Muscat. Ext.A7 is the salary certificate issued to the deceased by the Manager of a Gulf company which shows that his salary was 210 Riyals and he was MACA.1161/2005 2 working in that company from 23rd June, 1996. Tribunal fixed only Rs.1,400/= as the monthly dependency income on the

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