IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 5^TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 MACA NO. 1834 OF 2009 AGAINST THE AWARD IN OP(V)NO.1604/2000 OF ADDITIONAL DMOTOR ACCIDENT CLAIMS TRIBUNAL , MAVELIKKARA APPELLANTS/PETITIONERS:

1 SUMANGALA, W/O. LATE PADMAJAN, RESIDING AT PADMAPURAM, KALLIKKADU,, ARATTUPUZHA SOUTH P.O., MUTHUKULAM, ALLEPPEY.

2 NIVIN BALAJI NOW MAJOR, S/O. -DO-

3 SRUTHI NOW MAJOR, D/O. -DO-

4 S.K.CHITHRA BHANU OF -DO- -DO-

5 K.BHARGAVI OF -DO- -DO-

BY ADV SRI. T R HARIKUMAR RESPONDENTS:

1 N.RAMANATHAN S/O.NAGAPPA CHETTIAR, RAMA TRAVELS, COIMBATORE-2, T.NADU.

2 N.KANAKARAJ, S/O. P.NAGARAJ MEDUKKARAI ROAD, THOPPAPALAYAM, 72-C, COIMBATORE.

3 MS. UNITED INDIA INSURANCE COMPANY LTD., KOLLAM, REPRESENTED BY ITS DIVISIONAL, MANAGER.

BY ADV SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS,J - - - - - - - - - - - - - - - - - - - - - - - -

MACA No.1834 of 2009 - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 5th day of August, 2021

JUDGMENT

The appellants were the petitioners in OP(MV)No.1604 of 2000 on the file of the Additional Motor Accidents Claims Tribunal, Mavelikkara. The respondents in the appeal were the respondents before the Tribunal.

2. The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of C.Padmajan (deceased) - the husband of the 1^st appellant, the father of the appellants 2 and 3 and the son of the appellants 4 and 5.

3. The appellants had averred in the claim petition that : on 24.01.1999 while the deceased was travelling in a stage carriage Bus bearing registration No.KL 37 R/ 5781 on the R V R Hotel road, Coimbatore, the Bus abruptly turned to the western side and the deceased was thrown on the road. The deceased sustained serious injuries and was treated at the Government Hospital, Coimbatore and thereafter at the Kongunad Hospitals Private Limited, Tatabad, Coimbatore. Unfortunately, he succumbed to the injuries on 30.01.1999. The appellant was a retired Junior Warrant Officer from the Air Force and he was also a Laboratory Technician working in a laboratory at Belgam. The deceased was earning a monthly income of Rs.6,500/- The accident occurred solely due to the negligence of the 2^nd respondent – the driver of the Bus. The Bus was owned by the 1^st respondent and insured with the 3^rd respondent. Hence, the appellants were entitled to a total compensation of Rs.8,77,000/-

from the respondents.

4. The respondents 1 and 2 did not contest the proceedings and were set ex-parte.

5. The 3^rd respondent filed a written statement disputing the age, occupation and income of the deceased. Nevertheless, the 3^rd respondent admitted that the Bus had a valid insurance policy. The 3^rd respondent also disputed the fact that the accident occurred on account of the negligence of the 2^nd respondent. Hence, the 3^rd respondent prayed that the claim petition be dismissed.

6. The 1^st appellant was examined as PW1 and Exts.A1 to A18 were marked in evidence. The respondents did not let in any evidence.

7. The Tribunal, after analysing the pleadings and materials on record, allowed the claim petition, in part, by permitting the appellants to realise an amount of Rs.3,46,500/- with interest at the rate of 7.5% per annum from 04.12.2000 till 22.11.200 for an amount of Rs.3,96,500/- (i.e. including the interim amount passed under Section 140 of the Act) and thereafter, with interest at the rate of 7.5% per annum for an amount of Rs.3,46,500/- and cost of Rs.3,000/-. The 3^rd respondent was directed to deposit the compensation amount. The Tribunal apportioned the compensation by holding that the 1^st appellant was entitled to 30%, the appellants 2 and 3 were entitled to 25% each and the appellants 4 and 5 were entitled to 10% each.

8. Dissatisfied with the quantum of compensation awarded by th