VALSALA M.G. Vs. M.B.KUNJUMUHAMMED

JUDGEMENT

(1.) Originally this appeal has been preferred by the claimants in OP (MV) No.57 of 2004 on the file of Motor Accidents Claims Tribunal, Ernakulam, who are the legal heirs of deceased Vikraman, who died in a road traffic accident occurred on 2/8/2003. While the deceased was riding a motorcylce, KL-7/AD-4777 bus hit on a car bearing registration No.KL-7/Z-7052, which was waiting for taking a 'U' turn and due to that impact, the car knocked down Sri.Vikraman. The accident occurred due to the rash and negligent driving of the offending bus by its driver, the 5th respondent. That vehicle was duly insured with the 2nd respondent National Insurance Company. Sri.Vikraman was an electrician in BSNL, and he was aged only 58 at the time of his death.

(2.) The appellants filed OP(MV) No.57 of 2004 claiming compensation of Rs.5,00,000.00. But the Tribunal awarded only Rs.3,54,392.00, against which they preferred this appeal.

(3.) As per judgment dtd. 29/7/2022, this Court awarded enhanced compensation of Rs.5,99,508.00 to the appellants with 9% interest from the date of petition till the date of deposit to be shared equally between the appellants. But, subsequently, the 2nd appellant filed I.A No.1 of 2023 to recall the judgment and to reopen the appeal so as to record the death of the 1st appellant and to modify the appeal judgment suitably. He produced copy of the death certificate of the 1st appellant to show that the 1st appellant died on 17/2/2019. He produced legal heirship certificate of the deceased 1st appellant, to show that he is the sole legal heir of the 1st appellant.