M.A.C.A. No. 2520 of 2010. Case: Saudha and Ors. Vs V.J. Garmess and Ors.. High Court of Kerala (India)
| Case Number | M.A.C.A. No. 2520 of 2010 |
| Counsel | For Appellant: M.K. Chandra Mohandas, K.K. Razia and A.M. Naseer, Advs. |
| Judges | T. R. Ramachandran Nair and Anil K. Narendran, JJ. |
| Issue | Motor Vehicles Act, 1988 - Section 166 |
| Judgement Date | April 07, 2015 |
| Court | High Court of Kerala (India) |
Judgment:
Anil K. Narendran, J.
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The appellants are the claimants in O.P.(MV) No. 1501/2004 on the file of the Motor Accidents Claims Tribunal, Alappuzha, an application filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of one Jaffer, who was the rider of a motor cycle bearing registration No. KL-04/7354, which met with an accident on 20.9.2004. While the said Jaffer was riding the motor cycle through Alappuzha-Ernakulam NH-47, a lorry bearing registration No. KL-05/2043 driven by the first respondent, which was going in front of the motor cycle stopped suddenly, in a rash and negligent manner, without showing any signal, and the motor cycle hit on the back of the lorry. The said Jaffer fell down on the road and sustained severe injuries, who succumbed to the injuries within few minutes. 2. The Tribunal found that the accident occurred due to the negligence on the part of the first respondent driver and also the deceased Jaffer and fixed their liability in the ratio 60:40.
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The Tribunal, fixed the total compensation under various heads at Rs. 3,00,000/-. Since the liability of respondents 1 to 3 is limited to 60%, the Tribunal limited the compensation payable to the appellants at Rs. 1,80,000/-. By award dated 30.1.2010, the Tribunal allowed the appellants to realise an amount of Rs. 1,80,000/- (less the interim award of Rs. 50,000/-) with interest at the rate of 7.5% per annum from the date of petition, i.e., 20.11.2004, from respondents 1 to 3 and the third respondent insurer was directed to produce crossed demand draft or cheque for Rs. 8,873/- in the name of MACT, Alappuzha, towards court fee and cheques or demand drafts for Rs. 30,000/- each in the name of appellants 1 to 3 to be released to them and another cheque or demand draft for the balance amount, interest and cost in the name of first appellant to be deposited in a nationalised bank for a period of three years.
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Aggrieved by the finding of the Tribunal regarding contributory negligence on the part of deceased Jaffer and also on the quantum of compensation payable under various heads, the appellants are before us in this appeal.
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We heard the arguments of the learned counsel for the appellants and also the learned Standing Counsel appearing for third the respondent insurer.
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The main questions that arise for consideration in this appeal are as to whether the finding of the Tribunal that the accident occurred due to contributory negligence on the part of deceased Jaffer is sustainable in law and also whether the compensation awarded under various heads represent just, proper and reasonable compensation.
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Going by the averments in the claim petition, the accident occurred while deceased Jaffer was riding his motor...
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