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2013 Supreme(Ker) 750

S.SIRI JAGAN, K.RAMAKRISHNAN
Mary – Appellant
Versus
United India Insurance – Respondent


Advocates appeared:
For the Appellants:V.K. Gopalakrishna Pillai, G. Gopakumar, Advocates (Aluva).
For the Respondents:Philip J. Vettickattu, B. Premnath, Advocates.

Judgment :

K. Ramakrishnan, J.

1. MACA No.1724/2009 is filed by the Claimants in OP (MV) No.2044/2004 on the files of the Motor Accident Claims Tribunal, Perumbavoor, while MACA No.638/2009 is filed by the first respondent-owner cum driver of the vehicle involved in the accident of the same case.

2. The claimants, who are the wife, children and parents of deceased Varghese, filed the O.P. (MV) for compensation for the death of Varghese, who died in a motor vehicle accident caused on account of rash and negligent driving of a vehicle, owned and driven by the first respondent and insured with the second respondent, before the Tribunal.

3. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the first respondent and awarded a total compensations of Rs.3,43,350/- under various heads as follows:

Loss of dependency Rs.3,00,600

Transportation expenses Rs.2,000

Damage to clothing’s Rs.250

Pain & suffering Rs.5,000

Loss of love & affection Rs.15,000

Loss of consortium Rs.15,000

Loss of estate Rs.2,500

Funeral expenses Rs.3,000

Total Rs.3,43,350

4. The Tribunal also found that the deceased was travelling

































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