CATHOLIC DIOCESE, MUVATTUPUZHA Vs. MUTHAIAH P.

JUDGEMENT

(1.) The claimants in a proceedings for compensation before the Motor Accidents Claims Tribunal have come up in this appeal challenging the decision of the Tribunal.

(2.) A Catholic diocesan priest died in a motor accident took place on 21.1.2009. He was aged 51 years at the time of accident. The Catholic diocese under which the deceased priest was working and the siblings of the deceased priest, together preferred the application for compensation. Rs. 15,00,000/- was the claim made in the proceedings. The Tribunal, placing reliance on the decision of this court in Varghese v. Krishnan Nair, 2004 (2) KLT 783 found that the siblings of the deceased priest are not entitled to compensation. Consequently, the claim petition was disposed of permitting the Catholic diocese to realise a sum of Rs. 3,85,116/- from the insurer of the offending vehicle. The claimants are aggrieved by the said decision of the Tribunal.

(3.) Heard the learned counsel on either side as also Sri. Jawahar Jose, the learned amicus curiae appointed in the matter.