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2013 Supreme(Ker) 736

S.SIRI JAGAN, K.RAMAKRISHNAN
Valsamma – Appellant
Versus
Binu Jose – Respondent


Advocates appeared:
For the Appellants:George Varghese (Perumpallikuttiyil), A.R. Dileep, Manu Sebastian, Advocates.
For the Respondents:R3, John Joseph Vettikad, R4, R. Lakshmi Narayan, Smt. R. Ranjini, Advocates.

Judgment :

K. Ramakrishnan, J

M.A.C.A.No.1239/13 is filed by claimants in OP(MV)No.1457/04 on the files of the Motor Accidents Claims Tribunal, Mavelikkara, while M.A.C.A No.1860/13 is filed by the claimant in OP(MV) No.13/05 of the same court.

2. Appellants in M.A.C.A.No.1239/13 are the parents of deceased Sreekumar and appellant in M.A.C.A No.1860/13 is the wife of late Sreekumar. They filed the applications for compensation for the death of Sreekumar, who died in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by first respondent, owned by the second respondent and insured with the third respondent. Both these cases were tried jointly by the Tribunal and disposed of by a common judgment.

3. On the basis of 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 compensation of Rs.5,94,000/- on various heads as follows and apportioned the amount between the claimants in the ratio 60% to the wife and 40% to the parents.

Head of claim Amount awarded (in

Rupees)

Funeral expenses 5,000/-

Transportation charges and

ambulance charges 1,000/-

Dam





































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