IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 MACA.No. 2281 of 2007() ----------------------- OPMV.484/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLNAT/IST RESPONDENT: ----------------------------------------- STATE EXPRESS TRANSPORT CORPORATION TAMILNADU LTD, CHENNAI-2 (FORMERLY THIRUVALLUVAR TRANSPORT CORPORATION PALLAVANSALAI)REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS/PETITIONERS AND IST RESPONDENT: ------------------------------------------- 1. SALOMY,W/O. LATE KURIAKOSE PAKKATHAYIL HOUSE, KANNIMANGALAM KARA AYYAMPUZHA VILLAGE 2. SAUMYA, MINOR,D/O. LATE KURIAKOSE REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN IST RESPONDENT. 3. T.RAJASEKHARAN, DRIVER,S/O. THANGAPPAN 45, BASHYAM REDDIAR STREET, C/O.BLOCK NO.30 THIYAGUMUDALIYAR NAGAR, PONDICHERRY. 4. KURUVILLAL,S/O. ABRAHAM, KIZHAKKEKUTTU, MULAPPURAM P.O., NEYYASSERY VILLAGE. 5. ELIYAMMA (AMMINI) W/O. KURUVILLA DO...DO 6. MAHAI,S/O.KURUVILLA DO...DO 7. ABRAHAM S/O.KURUVILLA, DO...DO. MACA.2281/2007 8. REGIMON,S/O. KURUVILLA, DO..DO.. BY ADV.SMT.CELINE JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2956/2007 IN M.A.C.A.2281/2007 DISMISSED. 4.1.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.2281 OF 2007 () ----------------------------------- Dated this the 4th day of January, 2008 J U D G M E N T KOSHY,J. A cleaner of a lorry received fatal injuries when another lorry bearing Registration No.TCB 6675 driven by the 3rd respondent (R2 before the tribunal) and owned by the appellant, hit the deceased. The dependents of the deceased filed application for compensation claiming an amount of Rs.10,65,000/-. Tribunal after detailed consideration found that the 3rd respondent, the driver of the appellant was solely responsible for the accident. Tribunal relied on Exts.A1 FIR, A2 observation mahazar, A4 charge sheet etc. for finding negligence on the part of the 3rd respondent. We see no ground to differ from the findings of the tribunal regarding negligence on the part of the driver of the appellant. The dependents of the deceased included his wife and minor son. According to the claimants, he was getting a salary of MACA.2281/2007 2 Rs.5,000/- per month. But the tribunal has taken only Rs.1,800/- per month even though he was maintaining a family and admittedly employed as a cleaner in a heavy vehicle lorry. Then 1/3 rd was deducted to find out loss of family contribution and compensation was calculated. The deceased was only 31 years old. His wife was very young and minor child was also therein and only compensation of Rs.2,90,000/- was awarded. We are of the opinion that no grounds are made out by the appellant to question the quantum of compensation. Claimants did not file any appeal. In any event, it cannot be stated that it is on the high side. Appeal is accordingly dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008