IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 22^ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 MACA NO. 1581 OF 2015 AGAINST THE ORDER/JUDGMENT IN OPMV 366/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM APPELLANTS/PETITIONERS:

1 OSSIE GOMEZ (DIED) MEMO RECORDED AGED 63 YEARS SON OF JOE SONNY GOMEZ, RESIDING AT KAMALAKSHMI MANDIRAM, 9C, ANANYA NAGAR, THIRUMULLAVARAM P.O,KOLLAM WEST.

2 LEONI VINCENT GOMEZ AGED 54 YEARS, DAUGHTER OF PHILOMINA,RESIDING AT KAMALAKSHMI MANDIRAM, 9C, ANANYA NAGAR, THIRUMULLAVARAM P.O, KOLLAM WEST.

3 JAYARAM GEORGE GOMEZ ( NAME SUBSTITUTED)

AGED 37 YEARS, SON OF OSSIE GOMEZ, RESIDING AT KAMALAKSHMI MANDIRAM, 9C, ANANYA NAGAR, THIRUMULLAVARAM P.O, KOLLAM WEST **APPELLANT NOS. 2 AND 3 ARE CONSIDERED IN THE PARTY ARRAY AND THE APPELLANT NO.3 HAS BECOME ELIGIBLE FOR CLAIMING UNDER THIS CASE AS PER ORDER DATED 3/12/2020 VIDE MEMO DATED

12/11/2020.

*** THE NAME OF THE 3RD APPELLANT IS SUBSTITUTED AS ' JAYANTH' GEORGE GOMEZ INSTEAD OF JAYARAM GEORGE GOMEZ AS PER ORDER DATED

20/12/2022 IN IA 1/2022.

BY ADVS.

JOHNSON GOMEZ S.BIJU (KIZHAKKANELA)

RESPONDENTS/RESPONDENTS:

1 VIJAYAN K.P.

SON OF POULOSE, RESIDING AT 17/430, KALAPARAMBATHU HOUSE, ANGAMALY SOUTH, ERNAKULAM 683 573, KERALA.

2 VIJU VIJAYAN SON OF VIJAYAN, RESIDING AT 17/430, KALAPARAMBATHU HOUSE, ANGAMALY SOUTH, ERNAKULAM 683 573, KERALA.

3 MANAGER IFCOJOKIO GENERAL INSURANCE CO. LTD.

PAN AFRICAN PLASZA, TC 25/2510/6, MG ROAD,THIRUVANANTHAPURAM-695 004.

4 *VASUDEVAN (DELETED)

SON OF RAMASWAMY NAIDU, 107 4TH CROSS,KALAS PALAYAM, NEW EXTES BANGALORE 560 002. 5 *RAJAN SON OF KRISHNAN (DELETED)

RESIDING AT 3/342, VANDITHA VALAM, PERUMATTI,PALAKKAD - 678 001.

6 *UNIVERSAL SAMPOO GENERAL INSURANCE CO. LTD.

(DELETED)

A 201, CRYSTAL PLASA, OPP INFINIT MAIL, LINK ROAD,ANDHERIWEST, MUMBAI - 400 058.

*RESPONDENTS 4 TO 6 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS/APPELLANTS AS PER ORDER DATED

3/12/2020 IN I.A.1/2020.

BY ADVS.

SRI.P.R.MILTON SRI.MATHEWS JACOB (SR.)-- R3 SRI.K.J.CHACKOCHAN SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MURALI PURUSHOTHAMAN, J.

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M.A.C.A. No. 1581 of 2015 -------------------------------------------------

Dated this the 22^nd day of May, 2023

JUDGMENT

The claimants/petitioners in O.P.(MV) No.366 of

2011 on the file of the Motor Accidents Claims Tribunal, Kollam have filed this appeal aggrieved by the quantum of compensation awarded by the Tribunal. The parties to this appeal will hereinafter be referred to as petitioners and respondents in accordance with their status in the claim petition.

2. Heard Sri.Johnson Gomez, the learned counsel for the petitioners and Sri. Mathews Jacob, the learned senior counsel appearing for the 3^rd respondent Insurance Company.

3. Petitioners 1 and 2 are the parents of one Steaphen Gomas who died in a motor traffic accident that occurred on 27.1.2010. The 3^rd petitioner is the younger brother of the deceased. According to the petitioners, while the deceased Steaphen Gomas was traveling in a Maruthi Swift car bearing Registration No. KL- 41 B 1742, owned by the 1^st respondent, driven by the 2^nd respondent and insured by the 3^rd respondent, the car collided with a lorry bearing registration No. KL- 01 AD 5495 driven by the 5^th respondent, owned by the 4^th respondent and insured by the 6^th respondent and Steaphen Gomas sustained serious injuries and succumbed to the injuries on the same day. Petitioners contended that the accident happened due to the negligence of the 5^th respondent, the driver of the lorry. They claimed an amount of Rs. One crore as compensation for the death of Steaphen Gomas.

4. The owner and driver of the lorry remained ex parte before the Tribunal. The 3^rd respondent’s insurance company filed a written statement contending that the accident happened due to the negligence of the 5^th respondent who was dr