IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 160 of 2003()
1. DR.JOHN SAMUEL, AGED 59 YEARS,
... Petitioner
2. LEELAMMA SAMUEL, AGED 53 YEARS,
Vs
1. MANOJ PARAMESWARAM, AGE NOT KNOWN,
... Respondent
2. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.JOE KALLIATH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/09/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.No.160 OF 2003
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Dated 25th September, 2008
JUDGMENT
Koshy,J.
The father and mother of a woman who died in a motor accident
filed an application for compensation before the Motor Accidents Claims
Tribunal. The deceased was travelling in the car owned by her husband. Her
husband himself was driving the vehicle. The vehicle was insured by the second
respondent insurance company. Since her husband was driving the vehicle,
being the tort feasor, he did not claim any amount. But, the father and mother
of the deceased filed a claim petition. There was a comprehensive policy. The
total compensation awarded by the Tribunal was Rs.3,39,500/=. Even though
she was married, she had no children. Considering the age of the father and
mother and the fact that the husband is not entitled to any compensation even
though he could have claimed but for his negligence and also considering the
total compensation awarded by the Tribunal, we are of the opinion that no
interference is needed in the impugned award at the instance of the claimants.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks