IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MFA.No. 221 of 2002() ------------------------------ OPMV.2734/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: PETITIONERS --------------------------------------- 1. V.N.AJITH KUMAR, ASHA MANDIR, PERUNNAI P.O., CHANGANACHERRY. 2. V.N.ASHOK KUMAR, DO. DO. 3. N.ASHA, DO. DO. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: RESPONDENTS ------------------------------------------------ 1. D.VIJAYA KUMAR, S/O.DAMODARAN PILLAI, KALLUMPURAYIL VEEDU, THEUKALASSERY,THIRUVALLA. 2. VARGHESE POTHEN, S/O. POTHEN, MALIPARAMBIL, THALASSERY, THIRUVALLA. 3. THE NEW INDIA ASSURANCE CO.LTD.,KOTTAYAM 4. MUHAMMED THAHA, S/O. P.K.KASIM, KOCHERI PARAMBIL,THRIKODITHANAM,CHANGANACHERRY. 5. MATHAI THOMAS, CHANGAZHACHERRY, THRIKKODITHANAM,CHANGANACHERRY. 6. NATIONAL INSURANCE CO.LTD.,MADRAS REPRESENTED BY ITS DIVISIONAL MANAGER,KOTTAYAM. * 7. ANIL KUMAR, S.R.E.W.,AIYADH-11481,K.S.A. (* DELETED) * THE NAME OF THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS AS PER ORDER DATD 24/01/07 ON I.A.157/07. MFA.No. 221 of 2002 ADV. SRI.CHERIAN GEE VARGHESE FOR R2 SRI.P.HARIDAS FOR R2 SRI.KKM.SHERIF FOR R3 SMT.K.A.ANGEL TREENA FOR R3 SMT.SARAH SALVY FOR R6 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 221 of 2002 --------------------------------------- Dated this the 20th day of June, 2008 Judgment Koshy,J. An autorickshaw bearing registration No.KL5/1521 was knocked down by a car bearing registration No.KLI 5257 as a result of which a passenger in the autorickshaw died. His dependents filed an application for compensation. The deceased was aged 62 years at the time of accident. According to the claimants, he was an office manager in Tomy Wood Industries and he was getting Rs.1,500/- as salary. Petitioners are the major sons and daughter of the deceased. The tribunal noticed that they were not depending on the father as they were majors. However, tribunal accepted the contention that the deceased was getting Rs.1,500/- as monthly income as claimed and one-third was deducted for loss of dependency. Since he was aged 62 at the time of accident, 5 was taken as the multiplier and compensation was calculated. The tribunal also found that both autorickshaw driver and car driver were negligent. Driver and owner of the car were directed to deposit 50% of the amount awarded with 9% interest from the date M.F.A.No. 221/2002 2 of application. There was no insurance coverage for the car. Sixth respondent insurer of the autorickshaw was directed to deposit balance 50% of the amount with interest. The negligence aspect was found on the basis of the evidence adduced in this case. The finding that both drivers were negligent is fully justified. On the facts of the case, there is no merit in the appeal and appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 221/2002 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 221 of 2002 ------------------------------------- Judgment Dated:20th June, 2008