IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 MACA.No. 2056 of 2005() ----------------------- OPMV.502/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. REETHAMMA OOMMEN, KUNNEL HOUSE, WARD NO.IV, MARARIKULAM SOUTH PANCHAYATH. 2. SAJI OOMMEN, KUNNEL HOUSE, WARD NO.IV, MARARIKULAM SOUTH PANCHAYATH. 3. SALU OMMEN, KUNNEL HOUSE, WARD NO.IV, MARARIKULAM SOUTH PANCHAYATH. 4. SHINY OOMMEN, KUNNEL HOUSE, WARD NO.IV, MARARIKULAM SOUTH PANCHAYATH. BY ADV. SRI.M.R.ARUN KUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.T. GEORGE, S/O. THOMAS, PERUMALIL HOUSE, CIVIL STATION WARD, ALAPPUZHA (EXPIRED). 2. MANAGING DIRECTOR, M/S. DUROFLEX COIR INDUSTRIES CO. LTD., CHUNGOM, ALAPPUZHA. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., ALAPPUZHA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2056 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV)No.502/1997 on the file of Motor Accidents Claims Tribunal, Alappuzha. Deceased first claimant sustained injuries in a motor accident that occurred on November 13, 1995. The accident happened while he was riding his scooter near S.N.College, Cherthala, a car driven by the first respondent came and dashed against the scooter. Alleging negligence against the first respondent, the driver of the car, the deceased first claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming compensation. 2. Respondents 1 and 2, the driver and the owner of the offending car remained absent before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy, but contended that the accident occurred due to the negligence of the deceased first claimant. 3. Exts.A1 to A10 series were marked on the side of the deceased first claimant before the Tribunal. Exts.B1 and B2 were marked on the side MACA.No.2056/2005 2 of the contesting third respondent. During the pendency of the petition, first claimant died . Therefore, his legal heirs were impleaded as additional claimants 2 to 5. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 59,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,000/-. The additional claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the Insurance Company. 5. Taking into consideration the nature of the injury sustained by deceased first claimant and the fact that he was aged 61 at the time of the accident, we feel that the compensation awarded by the Tribunal is just and reasonable. That being so, we find no merit in this appeal and the same has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2056/2005 2 MACA.No.2056/2005 2