Kerala High Court

MACA/925/2008 of P.V.REENA AND OTHERS Vs THE MANAGING DIRECTOR & OTHERS on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 MACA.No. 925 of 2008 (E ) ------------------------ OPMV.1850/2002 of M.A.C.T.,KOZHIKODE APPELLANTS/PETITIONERS IN

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

MACA.No. 925 of 2008 (E )

------------------------

OPMV.1850/2002 of M.A.C.T.,KOZHIKODE

APPELLANTS/PETITIONERS IN OP(MV): -

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1. P.V.REENA, W/O.P.DASAN, AGED 40 YEARS.

2. P.V.RAJANI,, W/O.E.SABU, AGED 37 YEARS.

3. P.V.SHEENA, W/O.SUKDEV KANNANCHERY,

AGED 36 YEARS, ALL ARE RESIDING AT PARAKANDIYIL HOUSE, KARAD PARAMBA POST, FEROKE COLLEGE, MALAPPURAM KARAD PARAMBA POST, FEROKE COLLEGE, MALAPPURAM

BY ADVS.SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN

RESPONDENTS/RESPONDENTS IN THE OP(MV): -

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1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. THIRUVANANTHAPURAM.

2. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, PB.434, ST.JOSEPH PRESS BUILDING, VAZHUTHAKKAD, TRIVANDRUM. DIVISIONAL OFFICE, PB.434, ST.JOSEPH PRESS BUILDING, VAZHUTHAKKAD, TRIVANDRUM.

3. V.SHAJI, S/O.VELAYUDHAN, VALAKULATH HOUSE, THIRURAMGADI, KAKKAD POST, MALAPPURAM. THIRURAMGADI, KAKKAD POST, MALAPPURAM.

4. SATHEESH, S/O.MADHAVAN, KIZHAKKEPURACKAL HOUSE, CHALIYAM POST, KOZHIKODE. CHALIYAM POST, KOZHIKODE.

5. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, UP HILL, MALAPPURAM BRANCH OFFICE, UP HILL, MALAPPURAM

R3 BY ADV. SRI.V.N.RAMESAN NAMBISAN

R2 BY ADV. SMT.SARAH SALVY

R5 BY ADV. SRI.P.SANKARANKUTTY NAIR

R1 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

R1 BY ADV. SRI.JOY GEORGE, SC, K.S.R.T.C.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DMR/-

S.SIRI JAGAN &

C.K. ABDUL REHIM, JJ

-------------------------------------------- M.A.C.A. No. 925 of 2008

--------------------------------------------- Dated this the 31[st] day of December, 2012

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JUDGMENT

S.SIRI JAGAN, J

The appellants in this Motor Accident Claim Appeal are the claimants in O.P.M.V.No.1850/2002 of the PrincipalMotor Accident Claims Tribunal, Kozhikode. Their mother,Savithry died in an accident, while travelling in a jeepbearing Registration No.KL-10/C 3007 for Vallikkunnu fromGuruvayoor on 7.8.2001, which collided with K.S.R.T.C busbearing Registration No.KL-15/3791.

2. The appellants filed claim petition seekingcompensation for the death of their mother. The Tribunalaccepted her monthly income as Rs.1,200/- as against claimof Rs.3,500/- and awarded compensation to the appellantsas follows:

Dependency

:Rs.50,000/-

M.A.C.A. No. 925 of 2008

Funeral Expenses:Rs. 2,000/-Transportation:Rs. 1,000/-Pain and Suffering:Rs.10,000/- Love and affection :Rs. 5,000/-

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Rs. 68,000/-

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The petitioners are challenging the award of the Tribunal on the ground that the compensation awarded isdisproportionate to the loss of dependency suffered by theappellants.

3. We have heard the counsel for the respondent also.

All the appellants are married daughters of the said Savithri.The said Savithry was 60 years old at the time of her death.It cannot be said that the compensation awarded by theTribunal is in any way disproportionate to the loss of dependency of the appellants in view of the fact that theyare married daughters of the deceased.

4. As such we are not inclined to take the view that the compensation awarded is disproportionate to the loss of the dependency by the appellants.

Accordingly the appeal is dismissed.

S.SIRI JAGAN, JUDGE,

C.K. ABDUL REHIM, JUDGE

jm/-

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