Revamma vs Joseph Varghese
2022 Latest Caselaw 2021 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
    SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943
                         MACA NO. 2542 OF 2017
   AGAINST THE AWARD IN OPMV 573/2014 OF MOTOR ACCIDENT CLAIMS
                             TRIBUNAL PALA
APPELLANTS:

    1     REVAMMA
          D/O.NEELAKANDAN, ETTAKAL HOUSE ,MOONNLLAVU PO,
          KURINJIPLAVU KARA, MOONNILAVU VILLAGE.
    2     RADHA
          W/O.RAGHAVAN, KAVUMKAL HOUSE, PATHIPALLY PO,
          PATHIPALLY KARA, ARAKKULAM VILLAGE.
    3     SATHI SUKUMARAN
          W/O.SUKUMARAN, PADATHIL HOUSE, VALLYAMAVU PO,
          KULAMAVU VILLAGE.
    4     VILASINI BALAN
          W/O.BALAN, MUTHANANICKAL HOUSE, MOONNLLAVU PO,
          KURINJIPLAVU KARA,MOONNILAVU VILLAGE.
    5     LEELA SASI
          W/O.SASI, THONDANPLACKAL HOUSE, MANGULAM PO, MANGULAM
          VILLAGE.
    6     THANKACHAN
          S/O.NELAKANDAN, ETTAKKAL HOUSE, MOONNILAVU PO,
          KURINJIPLAVU KARA, MOONNILAVU VILLAGE.
          BY ADV SRI.THOMAS ABRAHAM (NILACKAPPILLIL)


RESPONDENTS:

    1     JOSEPH VARGHESE
          S/O.VARGHESE, MAPPALAKALAYIL HOUSE, VELLIYEPPALLY PO,
          VELLIYEPPALLY KARA, MEENACHIL VILLAGE.
    2     MANUAL JOSEPH
          S/O.JOSEPH, PALACKAL HOUSE, PONADU PO, PONADU KARA,
          LALAM VILLAGE.
    3     THE MANAGER
          NEW INDIA ASSURANCE CO. LTD.,MUNICIPAL SHOPPING
          COMPLEX, PALA PO, KOTTAYAM-686575.
          BY ADVS.
          SRI.K.D.ZACHARIAS
          SRI.BABY THOMAS
 MACA No.2542/2017                 - 2 -

             SRI.BABY THOMAS
             SRI.P.JACOB MATHEW


     THIS    MOTOR   ACCIDENT   CLAIMS    APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA No.2542/2017                    - 3 -


                           K.VINOD CHANDRAN, J.
                        --------------------------
                          M.A.C.A.No.2542 OF 2017
                      -------------------------------
                    Dated, this the 19th February, 2022

                                   JUDGMENT

The appellants are before this Court seeking

enhancement of compensation awarded by the Tribunal. A 40

year old unmarried male died in a motor vehicle accident.

The claimants are the siblings of the deceased. They allege

that they had not been paid any amount for loss of

dependency and the amounts under the various heads are very

low. It has to be noticed that all the siblings except the

1st claimant are major adults and married and the 1 st

appellant is unmarried. There is no dependency on the

deceased persons. Further it has to be noticed that the

amount granted under loss of estate and funeral expenses is

quite high, from that declared as entitled by precedents.

This Court does not find any reason to interfere with the

award passed by the Tribunal.

The appeal will stand dismissed.

Sd/-

K.VINOD CHANDRAN, Judge jma