IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 221 of 2002()
1. V.N.AJITH KUMAR, ASHA MANDIR,
... Petitioner
2. V.N.ASHOK KUMAR, DO. DO.
3. N.ASHA, DO. DO.
Vs
1. D.VIJAYA KUMAR, S/O.DAMODARAN PILLAI,
... Respondent
2. VARGHESE POTHEN, S/O. POTHEN,
3. THE NEW INDIA ASSURANCE CO.LTD.,KOTTAYAM
4. MUHAMMED THAHA, S/O. P.K.KASIM,
5. MATHAI THOMAS, CHANGAZHACHERRY,
6. NATIONAL INSURANCE CO.LTD.,MADRAS
7. ANIL KUMAR, S.R.E.W.,AIYADH-11481,K.S.A.
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/06/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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M.F.A. No. 221 of 2002
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Dated this the 20th day of June, 2008
Judgment
Koshy,J.
An autorickshaw bearing registration No.KL5/1521 was
knocked down by a car bearing registration No.KLI 5257 as a result
of which a passenger in the autorickshaw died. His dependents
filed an application for compensation. The deceased was aged 62
years at the time of accident. According to the claimants, he was an
office manager in Tomy Wood Industries and he was getting
Rs.1,500/- as salary. Petitioners are the major sons and daughter of
the deceased. The tribunal noticed that they were not depending on
the father as they were majors. However, tribunal accepted the
contention that the deceased was getting Rs.1,500/- as monthly
income as claimed and one-third was deducted for loss of
dependency. Since he was aged 62 at the time of accident, 5 was
taken as the multiplier and compensation was calculated. The
tribunal also found that both autorickshaw driver and car driver
were negligent. Driver and owner of the car were directed to
deposit 50% of the amount awarded with 9% interest from the date
M.F.A.No. 221/2002 2
of application. There was no insurance coverage for the car. Sixth
respondent insurer of the autorickshaw was directed to deposit
balance 50% of the amount with interest. The negligence aspect
was found on the basis of the evidence adduced in this case. The
finding that both drivers were negligent is fully justified. On the
facts of the case, there is no merit in the appeal and appeal is
dismissed.
J.B.Koshy
Judge
P.N.Ravindran
Judge
vaa
M.F.A.No. 221/2002 3
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
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M.F.A. No. 221 of 2002
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Judgment
Dated:20th June, 2008