SESAPPA POOJARY Vs. P K KARUNAKARA

JUDGEMENT

(1.) ALL these appeals are considered together having regard to common questions of law that are raised.

(2.) (a) In the appeal in M. F. A. No. 1293 of 2006, the appellants are the parents and minor sister of a deceased victim of a motor accident. The father was aged about 48 and the mother was aged 39 at the time of accident. The offending vehicle was a bus, belonging to the respondent No. 2. The deceased was aged about 13 and was studying in the 8th standard. While walking home after school hours, the bus had run over the boy and he died of the injuries. The appellants claimed a compensation of rs. 4,00,000 before the Motor Accidents claims Tribunal (hereinafter referred to as 'the Tribunal' for brevity ). To establish that the child was bright and healthy and was doing well in his studies, certificates issued by the school as regards his grades, extra-curricular and sports activities were produced.

(3.) (a) In the appeal in M. F. A. No. 1453 of 2007, the appellant is an insurance company which was the insurer of a vehicle involved in a motor accident. The parents of a victim, a boy aged about 16 at the time of the accident, had claimed compensation before the Motor Accidents Claims Tribunal. The same having been granted. The father of the boy was 39 and the mother was 35 at the time of the presentation of the claim petition. It transpires that while the deceased child was walking along the road with his friends, he was hit from behind by the offending vehicle and had succumbed to the injuries that he sustained.