J U D G M E N T

This appeal is preferred against the award in O.P.(M.V.) No.348 of 2006 of the Motor Accidents Claims Tribunal, Kollam by the dependants of the deceased Isac Philip. On 17.02.2006 at 8.30 a.m., the deceased was riding his motor cycle KL-2/U-216 towards Kollam and when he reached near Adichanallore, a lorry KL-7/F-3132 driven in a rash and negligent manner hit on the back side of the motorcycle as a result, he fell down and sustained serious injuries. Subsequently, he succumbed to the injuries. The learned Tribunal awarded compensation of Rs.4,38,000/- (Rupees Four Lakh Thirty Eight Thousand only) with 7.5% interest and cost. Being aggrieved by that, the dependents preferred this appeal.

2. In the lower court, the driver and owner were ex parte. The insurer filed a written statement and admitted the insurance of the vehicle. The 1st claimant was examined as PW1 and her documents were marked as Exts.A1 to A12.

3. Learned counsel appearing for the appellants contended that the deceased was conducting a petty hardware shop at Adichanallore and was getting a monthly income of Rs.15,000/- per month, but the learned Tribunal took only Rs.3,000/- for calculating dependancy com