IMPORTANT POINT
Proper date for applying exchange rate would be the date of filing claim.

JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

Delay condoned. Leave granted.

2. These appeals are directed against the judgment of the Division Bench of the Kerala High Court dated 12th April, 2007 in M.F.A. Nos. 1162 and 1298 of 2001(D) whereby compensation awarded to the claimants by Motor Accident Claims Tribunal, Kottayam (hereinafter referred to as ‘the Tribunal’, for short) was enhanced and the liability for the accident was apportioned at the ratio of 50:50.

3. The facts that lead to the present case are as follows:

On 16th April, 1990, a motor accident took place on K.K. Road, near Pampadi Mavell Store, whereby the car driven by one Joy Kuruvila (deceased) had a head on collision with a bus that came from the opposite direction. Joy Kuruvila sustained serious injuries and died on the way to hospital. His four dependents, namely, Chinnamma Joy (widow of deceased), Jiju Kuruvila aged 14 years, Jaison Kuruvila aged 11 years (2 minor children of the deceased) and Grace Kuruvila (mother of the deceased) aged 85 years filed a joint application under Section 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as, ‘the Act’), claiming compensation of Rs.57,25,000/- towards following heads:-

(a) Funeral Expenses Rs. 25,000/-

(b) Compensation for pain and suffering Rs. 1,00,000/-

(c) Compensation on account of death of the deceased and consequent loss Rs.54,00,000/- of income to the petitioners

(d) Compensation for the loss of consortium to the 1st petitioner Rs. 1,00,000/-

(e) Loss of paternal love, affection and guidance to the 2nd and 3rd Rs. 1,00,000/- petitioners Rs.57,25,000/-

4. At the time of accident, Joy Kuruvila was about 45 years of age and was working as a Manager in the Freeman Management Corporation, New York Branch in the United State of America for more than nine years and was receiving a monthly salary of 2500 US Dollars equivalent to Rs.43,100/-. He was provided with quarter by the employer and was residing alongwith his wife. Joy Kuruvila used to give Rs.30,000/- per month to his wife for the household expenses and savings after meeting his personal expenses. He was healthy, energetic, otherwise, had longevity of life and could have continued in service upto the age of 65 years as per service conditions i.e. for another 20 years.

5. The 1st claimant is the wife, 2nd and 3rd claimants are the children and the 4th claimant was the mother of the deceased. P.C. Kurian, who was the 3rd respondent, was driving the bus at the time of the accident and 1st respondent, Kunjujamma Mohan was the bus owner. It was alleged that the accident occurred solely due to rash and negligent driving of the bus driver, P.C. Kurian and the vehicle had valid insurance with the Oriental Insurance Co. Ltd.. Based on such facts, the claimants claimed a sum of Rs. 57,25,000/- as compensation with 18% interest and cost.

6. In spite of notice, the bus owner, Kunjujamma Mohan and the driver, P.C. Kurian did not appear before the Tribunal and the High Court and had not denied the allegations.

7. The Oriental Insurance Co. Ltd. (hereinafter referred to as, “the Insurance Company”) in its written statement, admitted the existence of the valid policy of bus No.KRK-3057 in the name of Kunjujamma Mohan but denied the allegation of rash and negligent driving on the part of the bus driver, P.C. Kurian in causing the accident. The age, occupation, monthly income of the deceased and the claim of compensation were also disputed. According to the Insurance Company, the accident occurred due to rash and negligent driving of the deceased.

8. The evidence consisting of testimony of PW.1 to PW.3 and Ext.-A1 to Ext.-8 and Ext.B1 to B3 were brought on record.

9. During pendency of the claim before the Tribunal, the 4th claimant, Grace Kuruvila, mother of the deceased expired; the rest of the claimants remained as legal heirs of the deceased. The 2nd and 3rd claimants, children of the deceased, who were minor at the time of filing the claim case attained majority d