ORIENTAL INSURANCE CO. LTD Vs. ASWATHY BOBAN

JUDGEMENT

(1.) As these appeals arise out of the award in OP(MV) No.3182/2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam and between the same parties, they are being disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per the status before the Tribunal.

(2.) The petitioners had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of Cherian Thomas alias Boban (deceased), husband of the 1st petitioner, father of the 2nd petitioner and the son of the 3rd petitioner. The petitioners had averred in the claim petition that, on 22/8/2004, while the deceased was traveling in a car bearing registration No.KL-5Q-3252 (car), driven by one 'Pramod', owned by the 4th respondent and insured with the 5th respondent, when the car reached a place named Kannannur, Thottupalam, a collision happened with a bus bearing registration No.KA-01C-7200 (bus), driven by the 2 nd respondent. The deceased sustained fatal injuries and lost his life. The bus was owned by the 1st respondent and insured with the 3rd respondent. The accident occurred due to the negligence of the driver of the car - Pramod (hereinafter referred to as 'late Pramod') and the 2nd respondent. Late Pramod also lost his life in the accident. The deceased was working as a Regional Manager in the Mathrubhoomi Kochi Unit for 30 years. He would have got promoted as Senior Regional Manager, Marketing Manager and Deputy General Manager. The deceased was drawing a monthly salary of Rs.24,140.00. The petitioners were the dependents of the deceased. Hence, they claimed a compensation of Rs.21,74,818.00 from the respondents, which was limited to Rs.20,00,000.00.

(3.) During the pendency of the appeal, the 3rd petitioner, mother of the deceased, also passed away.