Dismissed

S.Pramod Kumar v. Ponnamma (Died)

Kerala HC23 Oct 2018MACA/1679/2010

Case brief

AI extract

What is this about?

This Motor Accident Claims Appeal challenged a Tribunal award of Rs.1.065 lakh for a fatal road accident on April 7, 2004. The appellant argued for acquittal in criminal trial negated liability. The High Court dismissed the appeal, upheld the Tribunal's finding of negligence despite the criminal acquittal, and affirmed the compensation.

What did the court decide?

Compensation of Rs.1,06,500/- awarded to the claimants was maintained and the appeal filed by the appellant was dismissed.

S.Pramod Kumar Vs Ponnamma (Died) — Insurance | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

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MACA.No. 1679 of 2010

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AGAINST THE AWARD IN OPMV 834/2004 of M.A.C.T.,NEYYATTINKARA

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APPELLANT/1ST RESPONDENT:

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S.PRAMOD KUMAR PALLIPURATHU VEEDU,KANCHIYOORKONAM, KATTAKKADA.P.O,, THIRUVANANTHAPURAM.

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BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL

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RESPONDENT/S:

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1 PONNAMMA (DIED) POONJAMCODE VALIYAVILA PUTHEN VEEDU,, KATTAKKADA.P.O,KATTAKKADA,THIRUVANANTHAPURAM DIST.

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2 SREEDHARAN, S/O.LATE THANKKAYYAN OF DO.

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3 OMANA,W/O.RAJENDRAN, RESIDING AT DO DO

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4 LATHA, D/O.LATE PONNAMMAPOONJAMCODE VALIYAVILA PUTHEN VEEDU,KATTAKKADA.P.O,, KATTAKKADA,THIRUVANANTHAPURAM DISTRICT.

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5 MURUGAN, S/O.LATE PONNAMMA OF DO

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6 MS THE NEW INDIA ASSURANCE CO LTD DIVISIONAL OFFICE NO.II, GANDHARI AMMAN COIL ROAD,, PULIMOODU,THIRUVANANTHAPURAM-1.

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WPC 1679/10

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BY ADVS. SRI.BENOJ C AUGUSTIN SRI.P.JACOB MATHEW SRI.MATHEWS JACOB (SR.) SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.U.M.HASSAN SRI.VISHNU BHUVANENDRAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 1679/10

JUDGMENT

Correctness and sustainability of the award

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passed by the Tribunal granting a total compensation of Rs.1,06,500/-, with interest at

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the rate of 7.5% per annum in respect of the death of a septuagenarian pursuant a road traffic accident occurred on 07.04.2004, granting liberty to the insurer to have it recovered from the owner/insurer of the offending vehicle after satisfying the liability to the claimants, is the subject matter of challenge in this appeal preferred by the owner/insured.

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Heard the learned counsel for the

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appellant as well as the learned counsel appearing for the insurance company and the learned counsel appearing for respondents 4 and 5.

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The case projected by the appellant is

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that he was implicated in a crime registered by

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the police in connection with the demise of a

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WPC 1679/10

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person who was walking along the road on

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07.04.2004 when she was knocked down by the motor cycle bearing Registration No.KL-01/AB-1965, of

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which the appellant was the registered owner. The

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case registered by the police was that the

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appellant himself was riding the motor cycle at

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the relevant time and it was because of the

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negligence on his part, that the accident had happened. The death was sought to be compensated by the legal heirs by filing a claim petition,

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wherein a defense was put up by the appellant

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stating that the motor cycle was ridden by somebody else. The said plea was not accepted by

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the Tribunal and a finding was rendered, based on

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the materials produced, particularly A1 to A13

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from the part of the claimants, besides Ext.B1

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policy, that the accident was occurred because of

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the rash and negligent riding of the motor cycle

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by the appellant. The Tribunal proceeded to award compensation under different heads granting a

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WPC 1679/10

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total sum of Rs.1,06,500/-; the split up figures of which are as given below:

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Sl.No	Head of Claim	Amount Claimed	Amount awarded	Basis vital
		(in	(in	details
		Rupees)	Rupees)	in a nut shell
1	Transportation expenses	3000	2000
2	Damage to clothing	5000	500
3	Funeral Expenses	5000	5000
4	Taxi charges	5000
5	Medical Expenses	5000
6	Pain and sufferings	25000	8000
7	Loss of dependency	200000	80000	1600x5
8	Love and affection	50000	8000
9	Mental agony	50000
10	Loss of consortium	50000
11	Loss of estate		5000
	Total		1,06,500	Rs. 1,06,500/ - with interest at 7.5%
				p.a from 17.05.200 4 till realizati on

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The Tribunal arrived at a specific

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WPC 1679/10

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finding that the motor cycle was being ridden by

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the appellant without any valid driving license and there was a violation of the statutory/policy

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condition. This made the Tribunal to grant the right of recovery to the insurer, after satisfying the award to the claimants. No material has been produced before this Court, by the appellant to discredit the finding, despite the fact that the matter was pending before this Court for more than 8 years, except a copy of judgment dated 27.02.2006 in C.C.No.366/2004 whereby the appellant has been acquitted by the

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Judicial First Class Magistrate's Court, Kattakkada. This Court has gone through the said judgment. The acquittal is on the basis of the inference that, there was no sufficient evidence to punish the accused for the offence levelled

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against him. The degree of proof to punish a person stands different from the extent of proof required, with regard to the involvement of the

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WPC 1679/10

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person concerned in connection with the payment

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of compensation under the third party risk. In so as the present case is concerned, it has been established from the part of the claimants before the Tribunal that the death of the deceased was occurred because she was hit by the motor cycle owned and ridden by the appellant. As such, whether there was culpable extent of negligence for having punished in respect of the offence is not a matter for consideration, so as to call for

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any interference in this appeal. The finding stands in tact. The amount awarded by the Tribunal, granting a total compensation of Rs.1,06,500/- to the claimants, is never on the higher side. No interference is warranted. The appeal fails and the same is dismissed accordingly.

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SD/-

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P.R.RAMACHANDRA MENON

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JUDGE

S.Pramod Kumar v. Ponnamma (Died)

Case brief

What is this about?

What did the court decide?

S.Pramod Kumar v. Ponnamma (Died)

Case brief

What is this about?

What did the court decide?

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