CHACKO Vs. ROSAMMA

JUDGEMENT

(1.) These two appeals arise out of an award dated 5-5-1989 in M.V.O.P. No. 520 of 1987 on the file of the Motor Accidents Claims Tribunal, Kottayam. M.F.A. No. 566 of 1989 is filed by the claimants who are legal representatives and dependents of Antony Alexander who died on account of injuries sustained by him in the accident in which the car K.L.O. 4828 driven by the appellant in M.F.A.No. 627 of 1989 was involved.

(2.) Parties to the appeals will be referred to in this judgment by their ranking before the Tribunal. The facts of the case are: First respondent, Dr. T. V. Jose is registered owner of the car. Second respondent was the driver employed by him. The car was insured by the third respondent. The insurance policy was valid for the period 25-11-1986 to 24-11-1987. On 9-4-1987, Antony Alexander and others were travelling in the car from Kottayam to Shertallai. The car reached Kothanalloor at about 7.45 p.m. On account of rash and negligent driving by the second respondent, the car swerved to right side, hit against compound wall on the right side and as a result of the impact the back door of the car suddenly flew open and Alexander was thrown out. He hit against the compound wall and sustained 21 injuries. He was taken to Medical College Hospital, Kottayam. He died at 4.30 a.m. the next morning.

(3.) Petitioners, the widow, children and parents of Antony Alexander filed claim petition contending that they are entitled to compensation of over Rs.2.5 lakhs but limited the claim to Rs.2 lakhs. They claimed Rs.1,000/- for treatment charges, Rs.1,000/- for transport charges, Rs.200/- to damage to clothing, Rs.4,000/- for funeral expenses, Rs.25,000/- for pain and suffering, Rs.25,000/- for loss of consortium for the widow and for loss of love and affection for the other petitioners and in particular the minor children, and Rs.2 lakhs for loss of support (dependency). According to them, Alexander who was 40 years old was earning Rs.1,450/- per month and spending Rs.900/- for their up keep.