VALSAMMA Vs. BINU JOSE

JUDGEMENT

(1.) M .A.C.A.No.1239/13 is filed by claimants in OP(MV)No.1457/04 on the files of the Motor Accidents Claims Tribunal, Mavelikkara, while M.A.C.A No.1860/13 is filed by the claimant in OP(MV) No.13/05 of the same court.

(2.) APPELLANTS in M.A.C.A.No.1239/13 are the parents of deceased Sreekumar and appellant in M.A.C.A No.1860/13 is the wife of late Sreekumar. They filed the applications for compensation for the death of Sreekumar, who died in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by first respondent, owned by the second respondent and insured with the third respondent. Both these cases were tried jointly by the Tribunal and disposed of by a common judgment.

(3.) IN this case, since there were some conflicting decisions of the Supreme Court regarding the manner in which the income has to be ascertained for the purpose of assessing compensation under the head 'loss of dependency' and also the quantum of compensation payable under the conventional heads 'loss of consortium and funeral expenses' etc., we have decided to consider these questions in detail in this case.