BEFORE THE HON’BLE ADDITIONAL MOTOR ACCIDENT

CLAIMS TRIBUNAL, MAVELIKARA

OP (MV) No. / 2023

Between

Petitioners : Aanandan and others

And

Respondents : Cholamandalam General Insurance Co

Petition filed under section 140 and 166 of the motor Vehicle Act 1988, as amended by 54 of
1994 and R/W Rule 371 of the Kerala Motor Vehicle Rules 1989

Petitioner 1. Aanandan aged 47 yrs S/o Thankappan, Renu Bhavanam,

Iyranikudi P.O, Mavelikara
2. Subhadra aged 47 yrs W/o Aanandan -do-
3. Renu aged 24 yrs D/o Subhadra -do-
Respondents The Branch Manager, Cholamandalam MS General
Insurance Co. Ltd Mavelikara Branch (Policy No:
3397/01640000/000/00 valid from 29/09/2020 to 28/09/25)

(The address for services of notices, summons etc. on the petitioners and the respondents are
the same as shown above)

We, 1. Aanandan aged 47 yrs S/o Thankappan, Renu Bhavanam, Iyranikudi P.O,
Mavelikara 2. Subhadra aged 47 yrs W/o Aanandan -do- 3. Renu aged 24 yrs D/o
Subhadra -do- do hereby apply for the grant of compensation for the death of Anandhu,
son of1st and 2nd petitioners and brother of 3rd petitioner in connection with a motor
vehicle accident.

NECESSARY PARTICULARS IN RESPECT OF THE DECEASED, THE VEHICLE ETC. ARE

GIVEN BELOW

1. Name and Father’s name of deceased Anandhu aged 22 yrs S/o Aanandan

2. Full address of the deceased person Renu Bhavanam, Iyranikudi P.O, Mavelikara

3. Age of the deceased person 22 yrs

4. Occupation of the deceased person carpenter

5. Name and address of the employer of the NA

deceased person if any
6. Monthly income of the person deceased 35,000

7. Does the person in respect of whom No

compensation is claimed pay income tax?

8. Place, Date and time of the accident On 02/03/2023 at about 09.00 pm on

9. Name and the address of the police station in
whose jurisdiction the Crime No accident took
place or was registered
10. Was the person in respect of whom
compensation is claimed travelling by the
vehicle involved in the accident, if so, give the
name of place of starting of journey and
Kallukuzhy-Malanada road near Edakkad
Market, Poruvazhy
Sooranadu police station Crime No: 321/23
Yes, the deceased was riding a motor cycle
bearing register no: KL-31-P-7783 from the
east-west direction and hit a wall.
 destination
11. Nature of injuries sustained
12. Name and address of the Medical Officer if
any who attend on the deceased
13. Period of treatment and expenditure if any,
incurred therein supported by documentary
evidence
14. Disability for work, if any caused
15. Reg. No. and Type of
Vehicle involved in the accident
16. Name and address of the owner of the
vehicle
17. Name and address of the Insurer of the
vehicle
18. Policy particulars of the vehicle or vehicles
involved, if available
19. Name and address of the driver of the vehicle
20. Details of the driving license of the driver of
the vehicle involved, if available
21. Has any claim been lodged with the
owner/insurer?
22. Has any other claim been lodged in any other
forum in respect of the same cause of action?
If so, with what result
23. Name and address of the applicant
24. Relationship with the deceased
25. Title to the property of the deceased
26. Amount of compensation claimed
27. Particulars of loss and expenses
28. Others particulars if any which the applicant
wishes to give
PART-I
a) Loss of earning
b) Partial Loss of earning
c) Transport to Hospital
Serious head injury and fracture all over the
body
1. Dr. Adarsh Surendran, Govt Hospital,
Adoor.
Soon after the accident, the injured was taken
to Govt Hospital, Adoor. As soon as reached
the hospital died due to the severe injuries
sustained.
Total loss
KL-31-P-7783
The Branch Manager, Cholamandalam MS
General Insurance Co. Ltd Mavelikara Branch
(Policy No: 3397/01640000/000/00 valid
from29/09/2020 to 28/09/25)
Cholamandalam MS General Insurance Co.
Ltd Mavelikara Branch (Policy No:
3397/01640000/000/00 valid from 29/09/2020
to 28/09/25 )
MDL No: KL3120220006355
No
No
1. Aanandan aged 47 yrs S/o Thankappan,
Renu Bhavanam, Iyranikudi P.O, Mavelikara
2. Subhadra aged 47 yrs W/o Aanandan -do-
3. Renu aged 24 yrs D/o Subhadra -do-
first and 2nd petitioners are the parents and 3rd
petitioner is the sister of the deceased
Legal heirs
Rs.5,00,000/-
Stated in Part I & II below
Stated in column No.28
20, 00, 000
-
10, 000
 d) Extra Nourishment 10,000

e) Damage to clothing and articles 5,000

f) Others (1) Medical Expense: -

(2) Bystanders Expense: 15,000

1,00,000
(3) Ambulance and other:

PART-II

g) Compensation for pain and suffering 2,00,000

h) Compensation for confining -

disability
i) Compensation of loss of love and 2, 00,000
affection
j) Compensation for loss of 2,00,000
consortium
k) Compensation for loss of 12,00,000
dependency of the rate of Rs.10,
000 per month for a period of 10
years

Total - 39,40,000

(Claim limited to Rs 5,00,000/-)

29. Whether the application is not made NA

within six months of the occurrence of the
accident, the cause there of?
30. (1) Whether the deceased had been No
involved in any other road accident
earlier?
(2) Whether the deceased had preferred No
a claim for damages if any other road
accident earlier?

(3) Whether the deceased had preferred No

a claim the owner of the vehicle and if so,
how?

31. Whether any application has been No

preferred by any other legal heirs by the
same claim. If so state details

32. Has any other application been filed by Yes

any other injured in respect of the same
accident? If so, state details, if available

33. Any other information that may be

necessary or helpful in the disposal of the
claim.

The accident took place on 02.03.2023 at about 09.00pm. The place of

accident was on Kallukuzhy-Malanada road near Edakkad Market, Poruvazhy. At the spot the
road lies in east-west direction. The deceased was riding a motor cycle bearing register No: KL-
31-P-7783 through the said road in east-west direction and hit a wall. Due to the direct impact of
forcible hit the deceased thrown off and sustained serious injuries. The deceased sustained the
injuries mentioned in Column No: 11 of the petitions.

Soon after the accident, the deceased was taken to Govt Hospital, Adoor and due to the
gravity of the injuries he succumbed to injuries.

The deceased was energetic, hardworking and healthy carpenter at about 22 yrs at the
time of accident and was the only bread winner of the family. All petitioners were depending
upon his income. Even now the petitioners didn’t recover from the mental shock of the untimely
death of deceased. They are not able to engage in their day-to-day affairs. Hence, they deserve
abdicate compensation.

The deceased aged 57 yrs was energetic, hardworking and healthy mason. He was
contributing 35,000 to hid family for meeting the household expenses.

The Sooranadu police has registered a case numbered as 321/23 as police standing
order.

CAUSE OF ACTION

The cause of action for this petition arose on 02.03.2023, Kallukuzhy-Malanada road
near Edakkad Market, Poruvazhy, the accident took place at Nooranad Village in Mavelikara
Taluk which is within the jurisdiction of this Hon’ble Authority.

VALUATION AND COURT FEE

The claim is valued at Rs. 5, 00,000 and court fee of Rs 4,373/- is to be paid under
Rule 397/2 of the KMV Rules 1989. Legal benefit at the rate of 1% Rs 5,000/- is to be paid

Since the petitioner has no sufficient means to pay the court fee now so a separate petition is
filed to exempt the petitioner from paying court fee at present

The claim is valued at 5, 00,000/-

Therefore, it is most humbly prayed that this Hon’ble Authority may be pleased to pass
an award in favour of the petitioner for Rs 5,00, 000/- and direct the respondents to pay the
same jointly and severally, together with interest and costs

Dated this the day of 2022.

Petitioner : Aanandan and others

Advocates : B. Pradeep
Thushara.K. Pillai

All the facts stated above are true and correct to the best of our knowledge and belief.

Petitioner : Aanandan and others

We, 1. Aanandan aged 47 yrs S/o Thankappan, Renu Bhavanam, Iyranikudi

P.O, Mavelikara 2. Subhadra aged 47 yrs W/o Aanandan -do- 3. Renu aged 24 yrs D/o
Subhadra -do- do hereby declare that facts stated above are true and correct to best of my
knowledge and belief.

LIST OF DOCUMENTS

1. True copy of FIR

2. True copy of FIS
3. True copy of wound certificate
4. Post mortem certificate

Advocates : B. Pradeep
Thushara.K. Pillai

BEFORE THE HON’BLE

ADDITIONAL MOTOR

ACCIDENT CLAIMS

TRIBUNAL, MAVELIKARA

OP (MV) No. / 2022

Between

Petitioner: Aanandan and others

And

Respondents: Muraleedharan
and Others

Petition filed under section 166 of the

motor Vehicle Act 1988 R/W Rule 371 (1)
Of the Kerala Motor Vehicle Rules 1989

The claim is valued at 5, 00,000/-

Fee Rs 4, 373/-

LBF Rs 5, 000/-

Advocates : B. Pradeep
Thushara. K. Pillai