Mathew C. Thomas v. Vijayamma Viswanathan - 2010 Supreme(Online)(Ker) 19923

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Online)(Ker) 19923

KERALA HIGH COURT
A. M. Shaffique, J
Mathew C. Thomas v. Vijayamma Viswanathan

Table of Content
1. summary of the accidents and claims. (Para 1 , 2)
2. arguments presented by both parties. (Para 3)
3. court's observations on precedent and compensation principles. (Para 4 , 5 , 6)
4. calculation methods for compensation discussed. (Para 7 , 8)
5. final decision and directions for payments. (Para 9 , 10 , 11)

1. Both the appeals arise out of a common award in two claim cases. Two ladies of moderately young age, who were travelling on a TVS Scooty, was hit by a car which was driven in a reckless manner causing fatal injuries to them. Both of them succumbed to the injuries on the date of accident itself. The Tribunal found that the driver of the car was negligent in causing the accident and accordingly held the third respondent / insurer as liable for payment of compensation.

2. The appellants / claimants in MACA 926/2004 arising out of OP (MV) 3924/97 are the husband, son and parents of late Smt. Padmaja Mathew who was working as "Executive House Keeper" in Taj Malabar Hotel at Willingdon Island, Kochi. The appellant in MACA 973/2004 arising out of OP (MV) 3922/97 is the husband of late Smt. Suravi Sinha who was working as the "Deputy House Keeper'' in the very same ho