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2013 Supreme(Ker) 592

S.SIRI JAGAN, K.RAMAKRISHNAN
Kadeeja – Appellant
Versus
Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellants:T.N. Manoj, Advocate.
For the Respondents:R1, Babu Joseph Kuruvathazha, Joy George, K. Prabhakaran, V.V. Nandagopal Nambiar, Senior Counsels, KSRTC, R2, N.K. Karnis, Advocate.

JUDGMENT

K. Ramakrishnan, J

1. The claimants in O.P.(M.V).No.970/2001 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, are the appellants herein. The appellants are the brothers and sisters of deceased Jamal, who died in a motor vehicle accident, caused on account of the rash and negligent driving of the vehicle by the 2nd respondent, owned by the first respondent corporation. The claim was filed by the appellants under Section 163 A of the Motor Vehicles Act. The tribunal found that the accident occurred due to the negligence of the vehicle by the 2nd respondent. Though, the claim was filed originally under Section 166 of the Motor Vehicles Act, subsequently, the same was converted into a claim under 163 A of the Act. The tribunal took the monthly income of the deceased as Rs. 2,000/- per month, and finding that the appellants are not the dependants of the deceased, deducted 2/3rd from the income of the deceased and awarded a total compensation of Rs. 1,08,500/- as follows:

Sl.No. Head of claim Amount

Awarded Rs.

1 Loss of 104000

dependency

2 Funeral 2000

expenses

3 Loss of estate 2500

Dissatisfied with the quantum of compensation awarded, the appellants ha



























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