JIJU KURUVILA Vs. KUNJUJAMMA MOHAN

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) These appeals are directed against the judgment of the Division Bench of the Kerala High Court dated 12th April, 2007 in M.F.A. Nos. 1162 and 1298 of 2001(D) whereby compensation awarded to the claimants by Motor Accident Claims Tribunal, Kottayam (hereinafter referred to as 'the Tribunal', for short) was enhanced and the liability for the accident was apportioned at the ratio of 50:50.

(3.) The facts that lead to the present case are as follows: On 16th April, 1990, a motor accident took place on K.K. Road, near Pampadi Mavell Store, whereby the car driven by one Joy Kuruvila (deceased) had a head on collision with a bus that came from the opposite direction. Joy Kuruvila sustained serious injuries and died on the way to hospital. His four dependents, namely, Chinnamma Joy (widow of deceased), Jiju Kuruvila aged 14 years, Jaison Kuruvila aged 11 years (2 minor children of the deceased) and Grace Kuruvila (mother of the deceased) aged 85 years filed a joint application under Section 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'the Act'), claiming compensation of Rs.57,25,000/- towards following heads:-