IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MFA.No. 889 of 2002(C) --------------------------------- O.P(MV).NO.676/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. SMT. VISALAKSHMI AMMA, W/O. SANKARAN NAIR, VATTEKKAT HOUSE, VAKA, MATTOM, THRISSUR DISTRICT. 2. MURALEEDHARAN, S/O. LATE SANKARAN NAIR, DO. DO. 3. JAYAKUMARI, D/O. DO. DO. 4. MANIKANTAN, S/O. DO. DO. BY ADV. SRI.P.V.CHANDRA MOHAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. VENUGOPALAN, S/O. JANARDHANAN, MOOKOLA HOUSE, P.O. VAKA, VIA MATTOM, THRISSUR DISTRICT. 2. T.V. PRAVEEN, S/O. PARAMESWARAN, THOMMIL HOUSE, P.O. VAKA, VIA MATTOM, THRISSUR DISTRICT. M.F.A. NO. 889/2002: 3. UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, NO.III/858, EAST NADA, P.O. GURUVAYUR. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.889 OF 2002 (C) ----------------------------------- Dated this the 21st day of February, 2008 J U D G M E N T KOSHY,J. Appellants are the parents of an unfortunate 27 year old youngster who died in a road traffic accident on 21.12.1995. They applied for compensation contending that while the deceased was standing in the road side, due to the negligence of the driver of the vehicle, the firewoods carried in the tempo van insured by the 3rd respondent Insurance company fell down on his head and he died. Tribunal disbelieved the above as in the F.I.Statement, it is stated that while tying the firewoods by a rope, the rope broken down and accident occurred. It is also come out in evidence that the deceased was a driver of another tempo van. He was driving the above tempo van loaded with fire woods, and because of mechanical defect, the firewoods were transferred to another tempo van insured by the 3rd respondent Insurance company and while tying the firewoods, accident occurred and it is not the fault of the driver MFA.889/2002 2 or owner of the offending tempo van which was made as responsible. Hence tribunal held that the parents are entitled to compensation under Section 140 only which amounts to Rs.50,000/-. There are other brothers also to the deceased. Considering the facts and circumstances of the case, apparent discrepancy regarding the claim and the accident happened, we are of the opinion that no interference is required, and, hence this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.889 OF 2002 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 21st February, 2008