This is an appeal against a Tribunal award granting no-fault liability compensation to the family of a deceased scooter rider who died after skidding due to his own sudden braking. The High Court upheld the Tribunal's finding that the accident resulted from the deceased's negligence, dismissing the appeal.
The appeal was dismissed. No cost awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932
MFA.No. 142 of 2003()
--------------------OPMV.1798/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM
APPELLANT(S): APPLICANTS:
-------------------------
1. ALEYAMMA THOMAS, MARY VILLA, KANNAMOOLA P.O., THIRUVANANTHAPURAM.
2. THOMAS ANTONY, MARY VILLA KANNAMOOLA P.O., THIRUVANANTHAPURAM.
3. SIMMY ANTONY, MARY VILLA, KANNAMOOLA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.SUNEESH.M.
RESPONDENT(S): RESPONDENTS:
---------------------------
1. CATHERENE VARGHESE, MANAGERS QUARTERS, GUEST HOUSE, THYCAUD, THIRUVANANTHAPURAM.
2. THE DIRECTOR, KERALA STATE INSURANCE DEPARTMENT, THIRUVANANTHAPURAM.
GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2
THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
M.F.A.No. 142 OF 2003
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.1798/1990 of Motor Accidents Claims Tribunal, Thiruvananthapuram, who are the mother and minor children of the deceased K.T.Antony, challenge the judgment and award of the Tribunal dated June 29, 2002 finding that they are not entitled to any compensation, but awarding only Rs. 25,000/- as compensation under Section 140 of the Act for the loss caused to them on account of the
death of deceased K.T.Antony.
On June 29, 1990 the deceased was riding his scooter bearing Reg.No.KEV 2821 along Vazhuthacaud- Theycaud road. While giving side to another vehicle when he applied brake, the scooter skidded and capsized. The deceased sustained severe injuries and he succumbed to the injuries sustained while undergoing treatment in the
MFA.No.142/2003 2
hospital. Claimants are his mother and two minor children. According to the claimants, the accident occurred due to the negligence of the first respondent, the owner of the vehicle, who is the wife of the deceased, as she did not keep the vehicle in a road worthy condition. The first respondent as the owner and the second respondent as the insurer of the vehicle are jointly and severally liable to pay compensation to the claimants who are the legal heirs and dependants of the deceased. Claimants claimed a compensation of Rs. 4 lakhs.
MFA.No.142/2003
3
M.F.A.No.1411/1996, this court set aside that award and found that Ext.A9 policy covers the risk of the driver and remanded matter to the Tribunal to consider whether the deceased or the owner, first respondent was negligent. After remand no further evidence was adduced by the parties.
due to the negligence of deceased and rejected the claimants claim for compensation, but awarded a compensation under Section 140 of Motor Vehicles Act under no fault liability. The claimants have now come up in appeal challenging the said finding of the Tribunal.
MFA.No.142/2003
4
Tribunal.
MFA.No.142/2003
5
have taken the scooter. Therefore, in our view the Tribunal is justified in holding that the accident occurred due to the negligence of the deceased and consequently rejecting the claim of compensation by the claimants. In any event the Tribunal awarded compensation under No fault liability as provided under Section 140 of the Act. That being so, we find no merit in the appeal and the same has to be dismissed.
In the result, the appeal is dismissed. No cost.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MFA.No.142/2003 6
3 issues framed by the court
Whether the Tribunal's finding that the accident occurred due to the negligence of the deceased can be sustained.
Whether the claim for compensation by the family of the deceased is maintainable.
Whether no-fault liability under Section 140 of the Motor Vehicles Act applies when the accident is due to the deceased's negligence.
2 provisions across 1 enactments
ALEYAMMA THOMAS, MARY VILLA, KANNAMOOLA P.O., THIRUVANANTHAPURAM
THOMAS ANTONY, MARY VILLA KANNAMOOLA P.O., THIRUVANANTHAPURAM
SIMMY ANTONY, MARY VILLA, KANNAMOOLA P.O., THIRUVANANTHAPURAM
CATHERENE VARGHESE
THE DIRECTOR, KERALA STATE INSURANCE DEPARTMENT, THIRUVANANTHAPURAM
A.K.BASHEER
P.Q.BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
