P.V.Reena and Others Vs. the Managing Director and Others

P.V.Reena and Others vs The Managing Director and Others

Type Court Judgment Court Kerala Decided Dec 31, 2012

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https://sooperkanoon.com/case/1012436

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Citation: sooperkanoon.com/1012436
Court: Kerala High Court
Judge: Honourable Mr.Justice S.Siri Jagan
Decided On: Dec 31, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

P.V.Reena and Others

Respondent

The Managing Director and Others

Excerpt

.....the appellants filed claim petition seeking compensation for the death of their mother. the tribunal accepted her monthly income as rs.1,200/- as against claim of rs.3,500/- and awarded compensation to the appellants as follows: dependency : rs.50,000/- m.a.c.a. no. 925 o”2. funeral expenses : rs. 2,000/- transportation : rs. 1,000/- pain and suffering : rs.10,000/- love and affection : rs. 5,000/- ---------------------- rs. 68,000/- ========= the petitioners are challenging the award of the tribunal on the ground that the compensation awarded is disproportionate to the loss of dependency suffered by the appellants.3. we have heard the counsel for the respondent also. all the appellants are married daughters of the said savithri. the said savithry was 60 years old at the time of her death. it cannot be said that the compensation awarded by the tribunal is in any way disproportionate to the loss of m.a.c.a. no. 925 o”3. dependency of the appellants in view of the fact that they are married daughters of the deceased.4. as such we are not inclined to take the view that the compensation awarded is disproportionate to the loss of the dependency by the appellants. accordingly the appeal is dismissed. s.siri jagan, judge, c.k. abdul rehim, judge jm/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST DAY OF DECEMBER 2012 10TH POUSHA 193 MACA.No. 925 of 2008 (E ) ------------------------ OPMV.1850/2002 of M.A.C.T.,KOZHIKODE APPELLANTS/PETITIONERS IN OP(MV): - ------------------------------------------------------------- 1. P.V.REENA, W/O.P.DASAN, AGED 4 YEARS.

2. P.V.RAJANI,, W/O.E.SABU, AGED 3 YEARS.

3. P.V.SHEENA, W/O.SUKDEV KANNANCHERY, AGED 3 YEARS, ALL ARE RESIDING AT PARAKANDIYIL HOUSE, KARAD PARAMBA POST, FEROKE COLLEGE, MALAPPURAM BY ADVS.SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN THE OP(MV): - ------------------------------------------------------------------------ 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM.

2. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, PB.434, ST.JOSEPH PRESS BUILDING, VAZHUTHAKKAD, TRIVANDRUM.

3. V.SHAJI, S/O.VELAYUDHAN, VALAKULATH HOUSE, THIRURAMGADI, KAKKAD POST, MALAPPURAM.

4. SATHEESH, S/O.MADHAVAN, KIZHAKKEPURACKAL HOUSE, CHALIYAM POST, KOZHIKODE.

5. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, UP HILL, MALAPPURAM R3 BY ADV. SRI.V.N.RAMESAN NAMBISAN R2 BY ADV. SMT.SARAH SALVY R5 BY ADV. SRI.P.SANKARANKUTTY NAIR R1 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC R1 BY ADV. SRI.JOY GEORGE, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/- S.SIRI JAGAN & C.K. ABDUL REHIM, JJ -------------------------------------------- M.A.C.A. No. 925 of 2008 --------------------------------------------- Dated this the 31st day of December, 2012 JUDGMENT S.SIRI JAGAN, J The appellants in this Motor Accident Claim Appeal are the claimants in O.P.M.V.No.1850/2002 of the Principal Motor Accident Claims Tribunal, Kozhikode. Their mother, Savithry died in an accident, while travelling in a jeep bearing Registration not KL-10/C 300.for Vallikkunnu from Guruvayoor on 7.8.2001, which collided with K.S.R.T.C bus bearing Registration not KL-15/3791.

2. The appellants filed claim petition seeking compensation for the death of their mother. The Tribunal accepted her monthly income as Rs.1,200/- as against claim of Rs.3,500/- and awarded compensation to the appellants as follows: Dependency : Rs.50,000/- M.A.C.A. No. 925 o”

2. Funeral Expenses : Rs. 2,000/- Transportation : Rs. 1,000/- Pain and Suffering : Rs.10,000/- Love and affection : Rs. 5,000/- ---------------------- Rs. 68,000/- ========= The petitioners are challenging the award of the Tribunal on the ground that the compensation awarded is disproportionate to the loss of dependency suffered by the appellants.

3. We have heard the counsel for the respondent also. All the appellants are married daughters of the said Savithri. The said Savithry was 60 years old at the time of her death. It cannot be said that the compensation awarded by the Tribunal is in any way disproportionate to the loss of M.A.C.A. No. 925 o”

3. dependency of the appellants in view of the fact that they are married daughters of the deceased.

4. As such we are not inclined to take the view that the compensation awarded is disproportionate to the loss of the dependency by the appellants. Accordingly the appeal is dismissed. S.SIRI JAGAN, JUDGE, C.K. ABDUL REHIM, JUDGE jm/-

Same Court & Year Kerala · 2012 Same Parties P.V.Reena and Others vs The Managing Director and Others Same Subject Land Acquisition Same Judge Honourable Mr.Justice S.Siri Jagan