FATHIMA Vs. BHASKARAN P

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgment and award of the Motor Accidents Claims Tribunal, Tirur dated February 23, in O.P.(MV) No.168/2009 and 762/2008 respectively. In both these appeals the claimants are the appellants.

(2.) IN O.P.(MV) No.168/2009 the claimants (appellants in M.A.C.A.No.1727/2010) are the mother and two sisters of deceased Hashim and in O.P.(MV) No.762/2008 the claimants (appellants in M.A.C.A. No.1729/2010) are the parents and brother and sister of deceased Shihabudeen. Hashim and Shihabudeen died in a motor accident that occurred on May 30, 2008 at about 11.15 p.m. at Thavalakulam Centre near Ponnani. Deceased Shihabudeen was sitting on a motor cycle bearing registration No.KL-10/Q 7985 near road margin and deceased Hashim was talking to him. At that time they were knocked down by a lorry bearing registration No.KL-07/AZ 6802. They sustained serious injuries and they succumbed to the injuries sustained on the very same day while undergoing treatment in the hospital. Alleging negligence against the second respondent, the driver of the offending lorry, the claimants filed the O.Ps. before the Tribunal under section 166 of the Motor Vehicles Act. The claimants in O.P. (MV) No.168/209 claimed a compensation of Rs.6,73,000/- while the claimants in O.P.(MV) No.762/2008 claimed a compensation of Rs.5,76,000/-.

(3.) THE accident is not disputed. THE finding of the Tribunal that the accident occurred due to negligence of the second respondent is not challenged in these appeals. THErefore, the only question which arise for consideration is whether the claimants are entitled to any enhanced compensation.