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

THURSDAY, THE 23^RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 MACA NO. 1243 OF 2012 AGAINST THE AWARD DATED 19.03.2012 IN OP(MV) NO.860/2009 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA]

APPELLANTS/PETITIONERS:

1 SUJATHA RAJAN W/O.LATE RAJAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM.

2 RAHUL RAJ (MINOR)

S/O.LATE RAJAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM. REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SUJATHA RAJAN, W/O.LATE RAJAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM.

3 ROHIT RAJAN (MINOR)

S/O.LATE RAJAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM. REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SUJATHA RAJAN, W/O.LATE RAJAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM.

4 *MADHAVAN S/O.ITTUNDAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM.

5 AMMINI MADHAVAN W/O.MADHAVAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM.

BY ADV SRI.P.C.HARIDAS RESPONDENTS/RESPONDENTS:

1 MANAGING DIRECTOR, KSRTC FORT, THIRUVANANTHAPURAM.

2 K.G.JAYARAJAN S/O.GOPINADHAN NAIR, KAVUMPURATHU HOUSE, PULIYANNOOR VILLAGE, PULIYANNOOR P.O., PALA, KOTTAYAM.

3 *ADDL. R3 TO R5 ARE IMPLEADED :

VIJAYAN, S/O. LATE MADHAVAN, PALAMOOTTIL HOUSE, PULIYANNOOR VILLAGE, PADINJATTINKARA P.O., PALA, KOTTAYAM - 686146.

4 RAJAMMA, D/O. LATE MADHAVAN, ANPU JYOTHI ASHRAMAM HOUSE, KUNDALE PULIYOOR P.O., GINGE VILLUPURAM MAIN ROAD, VILLUPURAM DISTRICT, TAMILNADU PIN - 605203.

5 RADHAMMA THANKAPPAN, D/O. LATE MADHAVAN, KAVUMPURATHU HOUSE, VELLIKULAM P.O., KOTTAYAM DISTRICT – 686580.

[ ADDITIONAL RESPONDENTS NO. 3 TO 5 ARE IMPLEADED AS LEGAL HEIRS OF 4TH APPELLANT AS PER ORDER DATED

17.10.2023 IN IA 3/2019 IN MACA 1243/2012.]

BY ADVS.

R1 BY ALEX ANTONY SEBASTIAN P.A.,SC, KERALA STATE ROAD TRANSPORT CORPN.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appellants are the petitioners in OP(MV)No.860/2009 on the files of the Motor Accidents Claims Tribunal, Pala. The said claim petition was submitted by the appellants seeking compensation for the death of one Rajan due to the injuries sustained in a motor accident that occurred on 15.06.2009. The first appellant is the wife of the deceased, appellants 2 and 3 are the children and appellants 4 and 5 are the parents of the deceased. During the pendency of the appeal, the 4^th appellant died, and the legal heirs of the 4^th appellant were impleaded as additional respondents 3 to 5.

2. According to the appellants, the accident occurred when the motorcycle on which the deceased was a pillion rider was hit by the KSRTC bus bearing Registration No.KL-15-4530. According to the appellants, the deceased was conducting a tea shop with a monthly income of Rs.5000/- and was aged 41 years. The claim petition was submitted in such circumstances seeking a compensation of Rs.6,50,000/-

3. The first respondent filed a written statement admitting the accident but disputing the negligence on the part of the second respondent, the driver of the bus.

4. The evidence in this case consists of Ext.A1 to A9 from the side of the appellants, and no evidence was adduced from the side of the respondents.

5. After the trial, the tribunal came to the conclusion that the accident occurred due to the negligence on the part of the second respondent in driving the bus and being the employer of the second respondent, the first respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.2,62,250/- and the first respondent was directed to deposit the said amount along with interest @ 7.5 % per annum from the date of petition till realisation. This appeal is submitted in such circumstances, seeking enhancement of compensation.

6. Heard S