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S. Velu Pillai and anr. Vs. Kochappi Sreenivasan and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtKerala High Court
Decided On
Judge
Reported in1(1986)ACC240
AppellantS. Velu Pillai and anr.
RespondentKochappi Sreenivasan and ors.
Cases ReferredSubramonia Iyer v. T. Kunhikuttan Nair
Excerpt:
.....advanced by the corporation. section 29 is a complete code by itself. liability of principal-debtor and surety is always joint and co-extensive. [n. narasimhaiah v karnataka state financial corporation, air 2004 kar 46 dissented from]. - the evidence disclosed that rejana was an intelligent and promising girl and the appellants has great hopes about her further, and had plans to bring her up well, giving the best possible education......of rs. 15,000/- atleast should have been given to the appellants by way of damages. no doubt, the child rejana was not at the time of her death, in a position to contribute to the income of the appellant's family ; it is not, however necessary that to sustain a claim for compensation by the parents of the deceased child to prove that they had been deprived of a source of income then and there; it would be quite sufficient if they succeed in establishing that in the death of the child they had lost a reasonable probability of pecuniary advantage.3. in the light of this dictum laid down by the supreme court in ck subramonia iyer v. t. kunhikuttan nair 1970 acj 110 (sc), we would fix the damages payable to appellants at rs. 10,000/-, that is, we grant an additional amount of rs. 5,000/-.....
Judgment:

K. Bhaskaran, C.J.

1. This is appeal is under Section 110-D of the Motor Vehicles Act, 1939 and Rule 32 of the Kerala Accidents Claims Tribunal Rules, 1977, and is directed against the judgment of the Motor Accidents Claims Tribunal, Trivandrum dated 24.11.78 in OP. No. 23 of 1977. The appellants are the parents of one Rejana, a five year old promising girl who happened to be run over by car KLQ 4569, driven by the first respondent.

2. Exhs. A-4 and A-5, wound certificate and postmortem certificate, and also the independent evidence of the occurrence witnesses PW 2 and PW 3, would go to show that the death of Rejana was due to accident involving KLQ 4569. It is in evidence that the car was proceeding along the wrong side and was driven by the first respondent in a rash and negligent manner. The Tribunal having found that the death was due to accident involving KLQ 4569, due to the rash and negligent act by the first respondent proceeded to fix the compensation in the light of the evidence of PW 1, the first appellant, the father of the deceased Rejana. The evidence disclosed that Rejana was an intelligent and promising girl and the appellants has great hopes about her further, and had plans to bring her up well, giving the best possible education. They thought reasonably that Rejana would be a source of support to the family in course of time and that expectations had been belied by the cruel death resulting from the accident. As against a compensation of Rs. 50,000/- claimed by the appelants, the Tribunal granted only a sum of Rs. 5,000/- by way of compensation. In the appeal the contention raised is that though the appellants had been expecting a reasonable compansation of Rs. 50,000/- taking all the facts and circumstances into account a sum of Rs. 15,000/- atleast should have been given to the appellants by way of damages. No doubt, the child Rejana was not at the time of her death, in a position to contribute to the income of the appellant's family ; it is not, however necessary that to sustain a claim for compensation by the parents of the deceased child to prove that they had been deprived of a source of income then and there; it would be quite sufficient if they succeed in establishing that in the death of the child they had lost a reasonable probability of pecuniary advantage.

3. In the light of this dictum laid down by the Supreme Court in CK Subramonia Iyer v. T. Kunhikuttan Nair 1970 ACJ 110 (SC), we would fix the damages payable to appellants at Rs. 10,000/-, that is, we grant an additional amount of Rs. 5,000/- over and above what has been awarded by the Tribunal. On the enhanced amount of Rs. 5,000/-, also the appellants would be entitled to interest at 5 per cent per annum from the date of the application. The appeal is allowed to the above extent. Parties will bear their respective costs in this appeal.


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