IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 466 of 2004()
1. R.ANASOOYA @ ALAMELU,
... Petitioner
Vs
1. MANIKANDAN, S/O. PONNAN,
... Respondent
2. CHANDRAN, S/O. VELAYUDHAN,
3. M/S. ALANKAR STORES, 432, N.S.R. ROAD,
4. UNITED INDIA INSURANCE CO.LTD.,
5. R.MAHALAKSHMI D/O.LATE R.RANGANATHAN,95,
6. R.RAM GANESH, S/O. LATE R.RANGANATHAN,
7. KRISHNA MOORTHY, S/O. LATE RAMASWAMY,
8. GOPALAN S/O. LATE RAMASWAMY,
9. SARASWATHY D/O. LATE RAMASWAMY,
10. KALYANI D/O. LATE RAMASWAMY,
111. 1
11. RAJAM KRISHNAN D/O. LATE RAMASWAMY,
12. JAYALAKSHMI D/O. LATE RAMASWAMY,
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :SRI.PROMY KAPRAKKATT
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/12/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A.No.466 of 2004 - C
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Dated this the 4th day of December, 2008.
J U D G M E N T
KOSHY, J.
A person aged 65 died in a motor accident on 11.6.1998.
Tribunal found that the accident occurred due to the negligence
of the 1st respondent. The above vehicle was insured by the 4th
respondent, United India Insurance Company Ltd. 1st respondent
was charge sheeted for causing death by rash and negligent
driving. Ext.B2 is the certificate of insurance. However, Tribunal
did not award any compensation on the ground that claimants
and respondents 5 and 6 were not dependants. Therefore,
Tribunal dismissed the application. 1st claimant alone filed the
appeal. She is the unmarried sister of the deceased. The claim
was filed by the brothers, sisters and brothers’ children.
Appellant is one of the legal heirs as per the legal heirship
certificate. According to the appellant, she is unmarried and was
fully depending on the deceased for her livelihood. For claiming
compensation a legal representative can maintain an application.
Dependency need not be proved. Parents of the deceased are no
M.A.C.A.No.466 of 2004 – C
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more. So, brothers and sisters can maintain an application. In
this case, it is the case of the appellant that she was solely
depending on the deceased. Deceased was a poojari. Exact
income is not assessable from evidence. Accident occurred in
1998. He was aged 65 at the time of accident. Considering
these facts, we are of the opinion that minimum compensation of
Rs.50,000/- can be awarded apart from funeral expenses
Rs.2,000/-, transportation Rs.1,000/- and for loss of estate,
Rs.2,000/-. Therefore, the total compensation payable will be
Rs.55,000/-. The said amount should be deposited by the 4th
respondent/insurance company with 7.5% interest from the date
of application till its deposit. On deposit of the amount, appellant
is allowed to withdraw the same.
J.B.KOSHY, JUDGE
THOMAS P. JOSEPH, JUDGE
bkn/-