V.J.YOHANNAN Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The legal heirs of one Samon who died in a motor accident filed the captioned appeal soliciting enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Kalpetta in OP(MV) No.283 of 2009. Deceased Samon was standing by the side of By pass Junction at Aluva on 31.12.2004 at about 8 p.m. He was knocked down by a lorry driven by the first respondent in a rash and negligent manner. Immediately he was taken to the Medical Trust Hospital, Ernakulam and from there he succumbed to the injuries, on 2.1.2005. It is seeking compensation for his death that the aforementioned claim petition was filed.

(2.) To establish the claim, the appellants got marked Exts.A1 to A7. No documentary evidence was adduced by both sides and in the case of respondents, they did not adduce any oral evidence as well, before the Tribunal. The Tribunal passed the impugned award for a total compensation of Rs.2,34,000/ - with interest @ 7.5% per annum from the date of the petition till realisation.

(3.) We have heard the learned counsel for the appellants and the learned counsel for the sole respondent, the insurer of the offending vehicle. At the outset, it is to be noted that the accident, insurance coverage of the offending vehicle as also the proximate cause of accident that resulted in the death of Samon as negligence from the part of the driver of the offending vehicle, are not in dispute. In such circumstances, it is unnecessary to go into such details and we are of the view that what survives for consideration is whether the appellants are entitled to get enhancement of compensation claimed under any of the heads.