JYOTHINDRANATH,J. - (1.)This appeal is preferred challenging the quantum of compensation awarded in O.P(M.V.) 723/2016, on the files of the Principal Motor Accidents Claims Tribunal, Kozhikode. The claimants before the Tribunal are the appellants herein.
(2.)When the appeal came up for admission, the learned counsel appearing for the appellants as well as the learned counsel appearing for the insurance company were present. There is only a dispute with regard to the quantum of compensation awarded. As the accident and the liability are seen admitted, we feel that the appeal itself can be disposed of at the admission stage itself.
(3.)The case of the appellants is that a businessman aged 59 years died in the motor vehicle accident. The wife and his 5 children are the claimants. The claimants were granted only a meagre amount of Rs.5,60,000/- as compensation against a claim of Rs.25,00,000/-. It is the submission that even though there were six claimants, the Tribunal failed to consider this aspect while deduction on personal expense was made. It is also submitted that the deceased was a businessman by profession and it was proved by producing the licence issued from the local authority and the certificate from the Vyapari Vyavasayi Association as well as the building tax receipt. Not considering all these materials in its right perspective, the tribunal considered only Rs.5,000/- as his monthly income for assessment purpose. It resulted in awarding an inadequate compensation.