IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2056 of 2005()
1. REETHAMMA OOMMEN,
... Petitioner
2. SAJI OOMMEN,
3. SALU OMMEN,
4. SHINY OOMMEN,
Vs
1. P.T. GEORGE, S/O. THOMAS,
... Respondent
2. MANAGING DIRECTOR,
3. THE BRANCH MANAGER,
For Petitioner :SRI.M.R.ARUN KUMAR
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :11/08/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.2056 OF 2005
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Dated this the 11th day of August, 2010
JUDGMENT
Barkath Ali, J.
Appellants are the claimants in O.P.(MV)No.502/1997 on the file of
Motor Accidents Claims Tribunal, Alappuzha. Deceased first claimant
sustained injuries in a motor accident that occurred on November 13, 1995.
The accident happened while he was riding his scooter near S.N.College,
Cherthala, a car driven by the first respondent came and dashed against the
scooter. Alleging negligence against the first respondent, the driver of the
car, the deceased first claimant filed the O.P. before the Tribunal under
Section 166 of Motor Vehicles Act claiming compensation.
2. Respondents 1 and 2, the driver and the owner of the offending
car remained absent before the Tribunal. The third respondent, the insurer
of the offending car filed a written statement admitting the policy, but
contended that the accident occurred due to the negligence of the deceased
first claimant.
3. Exts.A1 to A10 series were marked on the side of the deceased
first claimant before the Tribunal. Exts.B1 and B2 were marked on the side
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of the contesting third respondent. During the pendency of the petition, first
claimant died . Therefore, his legal heirs were impleaded as additional
claimants 2 to 5. The Tribunal on an appreciation of evidence found that
the accident occurred due to the rash and negligent driving of the offending
car by first respondent and awarded a compensation of Rs. 59,000/- with
interest @ 6% per annum from the date of petition till realisation and a cost
of Rs.2,000/-. The additional claimants have now come up in appeal
challenging the quantum of compensation awarded by the Tribunal.
4. Heard the counsel for the appellants/claimants and the counsel
for the Insurance Company.
5. Taking into consideration the nature of the injury sustained by
deceased first claimant and the fact that he was aged 61 at the time of the
accident, we feel that the compensation awarded by the Tribunal is just and
reasonable. That being so, we find no merit in this appeal and the same has
to be dismissed.
In the result, the appeal is dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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