Compensation apportionment among claimants is governed by succession law, specifically outlined in Section 33 of the Indian Succession Act.

This review petition is filed seeking review of the judgment dated 22.05.2023 in MACA No.1581 of 2015 to the limited extend it did not contain a direction regarding the ratio at which the enhanced amount payable to the deceased 1st appellant is to be apportioned between the appellants 2 and 3.

2. The MACA was preferred by the petitioners in OP(MV) No.366 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam aggrieved by the quantum of compensation awarded by the Tribunal. The parties to this review petition will herein after be referred to in accordance with their status in the claim petition.

3. The claim petition was filed by the parents and sibling of Steaphen Gomas, who died in a motor vehicle accident on 27.01.2010. The Tribunal found that the accident happened due to the negligence of the 2nd respondent, the driver of the car and awarded an amount of Rs.27,43,000/- with 9% interest per annum with proportionate costs as compensation. The 3rd respondent insurance company was directed to satisfy the award. The Tribunal found that the 3rd petitioner, the brother, was not a dependent of the deceased. Accordingly, the Tribunal directed the Insurance Company to produce separate crossed cheques for the amount awarded after deducting the Court Fee, at the ratio 50:50 respectively in the name of petitioners 1 and 2.

4. Aggrieved by the quantum of compensation awarded by the Tribunal, the petitioners preferred the appeal before this Court. This Court, by judgment dated 22.05.2023, found that the petitioners will be entitled to an enhanced compensation of Rs.45,10,000/- with 9% interest per annum from the date of filing of the petition till realisation with proportionate costs.

5. In the revision petition, it is pointed out that the 1st petitioner died during the pendency of the appeal and a memo was filed to the said effect, which has been recorded by this Court. However, while awarding the enhanced compensation, this Court omitted to apportion the compensation payable to the 1st petitioner [now deceased] between petitioners 2 and 3. The 50% of the compensation due to the 1st petitioner has to be apportioned among petitioners 2 and 3. The 3rd petitioner is the only legal heir of the 1st petitioner apart from the 2nd petitioner.

6. Accordingly, in the facts and circumstances of the case I propose to apportion the compensation following the law of succession, which is applicable to the petitioners. Going by Section 33 of the Indian Succession Act , the 2nd petitioner will be entitled to 1/3rd of the enhanced compensation amount due to the 1st petitioner and the 3rd petitioner will be entitled to 2/3rd of the enhanced compensation amount due to the 1st petitioner. It is ordered accordingly and the judgment is reviewed to the said extent. Accordingly, the 3rd respondent Insurance Company shall deposit the enhanced compensation at the rate of 63:37 through separate crossed cheques in the name of petitioners 2 and 3. This shall be done within a period of one month from the date of receipt of a certified copy of this order. On such deposit the cheques shall be released on proper satisfaction.

The review petition is disposed of as above.