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2022 Supreme(Online)(KER) 22237
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 MACA NO. 1819 OF 2009 AGAINST THE AWARD DATED 16.02.2009 IN OP(MV)NO.3182/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANT / 3RD RESPONDENT :
THE ORIENTAL INSURANCE COMPANY LTD.
ERNAKULAM, REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18 BY ADVS. SRI.GEORGE CHERIAN (SR.)
SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI RESPONDENTS/ RESPONDENTS 1 & 2 AND 4&5.
*1 ASWATHY BOBAN, W/O.LATE CHERIAN THOMA, THEKKEN PUTHENPURACKAL HOUSE, ARAKKUNNAM P.O., MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. (LR's OF R3)
*2 BEEBA BOBAN, D/O. LATE CHERIAN THOMAS, THEKKEN PUTHENPURACKAL HOUSE, ARAKKUNNAM P.O., MULANTHURUTHY VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT.
(LR's OF R3)
3 MARIAMMA THOMAS(DIED), M/O. LATE CHERIAN THOMAS, THEKKEN PUTHENPURACKAL HOUSE, ARAKKUNNAM P.O., MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST.
*4 GOPAL THANKUR (DELETED), SANTHI APPARTMENTS, SANTHI NAGAR, BANGALORE -27, *5 M.MURUKAN(DELETED), S/O. MUTHU, D. NO. 288 A1, DHARMAPURI DISTRICT, TAMILNADU.
6 V.V. SURESH BABU, VELLOTTIL HOUSE, KOTTAYAM -28.
7 THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, COCHIN-16.
*LEGAL REPRESENTATIVES RECORDED:
RESPONDENT NO.1 AND 2 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF DECEASED 3RD RESPONDENT AS PER ORDER DT.6.10.21 IN IA 1/21 IN MACA 1819/2009.
*RESPONDENTS 4 AND 5 DELETED:
RESPONDENTS NOS.4 AND 5 ARE DELETED FROM PARTY ARRAY AT THE RISK OF APPELLANT AS PER ORDER DT.6.10.21 IN IA 2/21 IN MACA 18.9.09.
BY ADVS. SRI.ANIL S.RAJ SMT.ANILA PETER SRI.K.N.RAJANI SMT.RADHIKA RAJASEKHARAN P.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2022, ALONG WITH MACA.2657/2009, 3240/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 MACA NO. 2657 OF 2009 AGAINST THE AWARD DATED 16.02.2009 IN OP(MV)NO.3182/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANT/FIFTH RESPONDENT:
THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE KOCHI-16 REPRESENTED BY THE, DEPUTY MANAGER, UNITED INDIA INSURANCE CO.LTD, OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM.
BY ADVS. SRI.M.A.GEORGE SMT.DEEPA GEORGE RESPONDENTS/ PETITIONERS AND RESPONDENTS 1 TO 4:
1 ASWATHY BOBAN, W/O.LATE CHERIAN THOMAS, THEKKEN PUTHENPURACKAL HOUSE, ARAKKUNNAM.PO, MULANTHURUTHY VILLAGE, MANNAYANNIR TALUK, ERNAKULAM DISTRICT.
2 BEEBA BOBAN, D/O.LATE CHERIAN THOMAS, DO. DO. DO.
3 MARIAMMA THOMAS, M/O.LATE CHERIAN THOMAS, DO. DO.
4 GOPAL THANKUR, NO.26, SANTY APARTMENTS, SHANTHI ROAD,SHANTHI NAGAR, BANGALORE-27.
5 M.MURUKAN, S/O.MUTHU, D.NO.288 A1, PERIYAR NAGAR,HARUR.PO,HARUR TALUK, DHARMAPURI DISTRICT, TAMIL NADU.
6 THE ORIENTAL INSURANCE CO.LTD, ERNAKULAM,COCHIN-18.
7 V.S.SURESH BABU, VELLATTIL HOUSE, PERUMBAIKKAD.PO, KOTTAYAM-636028.
BY ADVS. SRI.ANIL S.RAJ SMT.ANILA PETER SMT.BEENA DEVASSY SRI.GEORGE CHERIAN THIRUVALLA SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2022, ALONG WITH MACA.1819/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 MACA NO. 3240 OF 2009 AGAINST THE AWARD DATED 16.02.2009 IN OP(MV)NO.3182/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANT/PETITIONERS:
1 ASWATHY BOBAN , AGED 51 YEARS, W/O.LATE CHERIAN THOMAS.
2 BEEBA BOBAN, AGED 30 YEARS, D/O.LATE CHERIAN THOMAS.
3 MARIAMMA THOMAS, AGED 80 YEARS, MOTHER OF LATE CHERIAN THOMAS., ALL APPELLANTS ARE RESIDING AT THEKKEN, PUTHENPURACKAL HOUSE, ARAKKUNNAM P.O.,, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.ANIL S.RAJ SRI.ANILA PETER SMT.K.N.RAJANI SMT.RADHIKA RAJASEKHARAN P.
RESPONDENTS/RESPONDENTS:
*1 GOPAL THANKUR, NO.26, SANTHY APARTMENTS, SANTHI NAGAR, BANGALORE-27.(DELETED)
2 M.MURUKAN S/O.MUTHU, D.NO.288 A1, PERIYAR NAGAR, HARUR P.O., HARUR TALUK, DHARMAPURI DISTRICT, TAMILNADU.
3 THE ORIENTAL INSURANCE COMPANY LTD.
ERNAKULAM, COCHIN 682 018.
4 V.V.SURESH BABU VELLATTIL HOUSE,PERUMBAIKKAD P.O., KOTTAYAM.
5 UNITED INDIA INSURANCE COMPANY LIMITED LIMITED, DIVISIONAL OFFICE, COCHIN 682 016.
* RESPONDENT NO.1 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 06.10.2021 IN I.A.NO.1/2020 IN MACA
3240/2009 BY ADVS. SRI.GEORGE CHERIAN (SR.)
SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.02.2022, ALONG WITH MACA.1819/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dated this the 22nd day of February,2022
['ANIL S RAJ', '', 'ANILA PETER', 'K N RAJANI', 'RADHIKA RAJASEKHARAN P', 'K N RAJANIRADHIKA RAJASEKHARAN P ANILA PETER', 'SRI GEORGE CHERIAN THIRUVALLA', 'GEORGE CHERIAN SR', 'SRI P K MANOJKUMAR', 'SC', 'UNITED INDIA INSU']
COMMON JUDGMENT
As these appeals arise out of the award in OP(MV)
No.3182/2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam and between the same parties, they are being disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per the status before the Tribunal.
2. The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of Cherian Thomas alias Boban (deceased), husband of the 1st petitioner, father of the 2nd petitioner and the son of the 3rd petitioner. The petitioners had averred in the claim petition that, on 22.08.2004, while the deceased was traveling in a car bearing registration No.KL-5Q-3252 (car), driven by one ‘Pramod’, owned by the 4th respondent and insured with the 5th respondent, when the car reached a place named Kannannur, Thottupalam, a collision happened with a bus bearing registration No.KA-01C-7200 (bus), driven by the 2nd respondent. The deceased sustained fatal injuries and lost his life. The bus was owned by the 1st respondent and insured with the 3rd respondent. The accident occurred due to the negligence of the driver of the car – Pramod (hereinafter referred to as ‘late Pramod’) and the 2nd respondent. Late Pramod also lost his life in the accident. The deceased was working as a Regional Manager in the Mathrubhoomi Kochi Unit for 30 years. He would have got promoted as Senior Regional Manager, Marketing Manager and Deputy General Manager. The deceased was drawing a monthly salary of Rs.24,140/-. The petitioners were the dependents of the deceased. Hence, they claimed a compensation of Rs.21,74,818/- from the respondents, which was limited to Rs.20,00,000/-.
3. During the pendency of the appeal, the 3rd petitioner, mother of the deceased, also passed away. 4. The respondents 1, 2 and 4 did not contest the proceeding and were set ex-parte.
5. The 3rd respondent had filed a written statement refuting the allegations in the claim petition. The 3rd respondent denied that the accident occurred due to the negligence of the 2nd respondent. The 3rd respondent contended that the accident happened due to the negligence of late Pramod. The third respondent also disputed the age, income and occupation of the deceased.
6. The 5th respondent had also filed a written statement denying the allegations in the claim petition. Nevertheless, the 5th respondent stated that the accident occurred solely due to the negligence of the 2nd respondent. Hence, the 5th respondent prayed that it may be exonerated of any liability.
7. The 1st petitioner and two other witnesses were examined as PWs 1 to 3 and Exts.A1 to A12 were marked in evidence. The 5th respondent produced the insurance policy, which was marked as Ext.B1.
8. The Tribunal, after analysing the pleadings and materials on record, allowed the claim petition in part, by permitting the petitioners to recover from the respondents
3 and 5 an amount of Rs.17,22,000/- with interest.
9. Dissatisfied with the quantum of compensation awarded by the Tribunal, the petitioners have filed MACA No.3240/2009; aggrieved by the impugned award, the 3rd respondent/insurer of the bus has filed MACA No.1819/2009 and the 5th respondent/insurer of the car has filed MACA No.2657/2009.
10. Heard; Smt. Rajani K.N., the learned counsel appearing for the appellants/petitioners in MACA No.3240/2009, Sri. P.K. Manojkumar, the learned counsel appearing for the 5th respondent in the said appeal; Smt. Deepa George, the learned counsel appearing for the appellant/5th respondent insurer in MACA No.2657/2009 and Smt. K.S. Santhi, the learned counsel appearing for the appellant/3rd respondent insurer in MACA No.1819/2009.
11. This Court had in fact heard and disposed of the appeals by its common judgment dated 22.11.2021. However, as there were clerical errors in the common judgment regarding the status of the parties, this Court for the purpose of correcting the errors, afte
