IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY, THE 2^ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946 MACA NO. 2092 OF 2009 [AGAINST THE JUDGMENT IN OP(MV)NO.2977/2001 DATED 30.07.2008 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM]

APPELLANTS/PETITIONERS IN OP(MV):

1 SIJO JOSE, S/O. LATE N.J.JOSE, NEELAMKAVIL HOUSE, 35/124 ,INDIRA ROAD, PALARIVATTOM PO, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT.

2 DIJO JOSE, S/O.LATE N.J.JOSE, NEELAMKAVIL HOUSE, 35/124 ,INDIRA ROAD, PALARIVATTOM PO, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT.

3 REJI JOSE, S/O.LATE N.J.JOSE NEELAMKAVIL HOUSE, 35/124 ,INDIRA ROAD, PALARIVATTOM PO, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT.

4 JOY SEBASTIAN,S/O.SEBASTIAN NEELAMKAVIL HOUSE, 35/124,INDIRA ROAD, PALARIVATTOM PO, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT.

5 ALIYAMMA SCARIA, W/O.JOY SEBASTIAN NEELAMKAVIL HOUSE, 35/124 ,INDIRA ROAD, PALARIVATTOM PO, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT.

BY ADVS.

SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS :

1 REJENDER KUMAR SAINI

39, BHAGWAN NAGAR, NEAR JEVAN HOSPITAL, NEW DELHI.

2 THE UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE, ERNAKULAM,COCHIN-16.

3 NASSEER MUHAMMED @ NASSEER S/O.KALLUKHAN, DOOR NO.A/144, GOAGUVA BADARPUR, NEW DELHI-44 BY ADVS.

R2 BY SMT.DEEPA GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2024, THE COURT ON 2.4.2024 DELIVERED THE FOLLOWING:

JUDGMENT The appellants were the petitioners in OP(MV)No. 2977 of 2001 on the files of the Motor Accident Claims Tribunal, Ernakulam. The said claim petition was filed by them seeking compensation for the death of one Saji Jose due to the injuries sustained in a motor accident, that occurred on 4.08.2001.

2. According to the appellants, the accident occurred when the deceased was driving a Maruti car along with his wife and parents, it collided with a mini lorry driven by the 3^rd respondent. The 1^st respondent was the owner of the said vehicle and it was insured with the 2^nd respondent.

Due to the accident, all the persons travelling in the car died.

3. The deceased Saji Jose, was aged 29 years at the time of the accident, and was working as an Executive in L&T Finance Ltd with a monthly income of Rs.11,360/-. The appellants/petitioners 1 to 3 are the siblings, the appellants/petitioners 3 and 4 are the father-in-law and mother-in-law of the deceased. The claim petition was filed in such circumstances.

4. The respondents 1 and 2 have filed written statements, disputing the negligence on the part of the 3^rd respondent. In the written statement filed by the 2^nd respondent, the insurer of the mini lorry, they admitted the coverage of the policy. However, they disputed the quantum of the compensation claimed.

5. The said claim petition was tried along with three other claim petitions which arose from the very same accident. The evidence in these cases consists of Exts. A1 to A20A from the side of the claimants. No evidence was adduced by the respondents. After the trial, the tribunal came to the conclusion that the accident occurred due to the negligence of the 3^rd respondent and the deceased. The proportion of their liabilities was fixed as 2:1 between them respectively. Being the insurer of the vehicle, the 2^nd respondent was held liable to pay the compensation in respect of the liability of the 3^rd respondent. The quantum of compensation in the above claim petition was fixed as Rs 1,07,500/-. The Tribunal also found that the 3^rd and 4^th appellants, the in-laws of the deceased were not entitled to compensation and the amount awarded was for appellants 1 to 3 alone. Accordingly, the appellants 1 to 3 were permitted to recover an amount of Rs. 71,667/- from the 2^nd respondent with interest at the rate of 7% from the date of petition till the date of the award and with interest at the rate of 8% from the date of the award till realization. This appeal is filed by the appellants challenging the finding of contributory n