Sherly Sebastian vs Manoj Kumar Advocate - A K SEBASTIAN — 226/2021

Case under Motor Vehicles Act Section 140,166. Disposed: Contested--AWARD PASSED on 21st April 2026.

OP(MV) - ORIGINAL PETITION (MOTOR VEHICLES)

CNR: KLKT090002572021

Case disposed

Filing Number

250/2021

Filing Date

15-03-2021

Registration No

226/2021

Registration Date

17-03-2021

Court

Motor Accidents Claims Tribunal / Addl. District & Sessions Court /Rent Control Appellate Authority, Pala

Judge

1-M A C T / Additional District and Sessions Judge, Pala

Decision Date

21st April 2026

Nature of Disposal

Contested--AWARD PASSED

Acts & Sections

MOTOR VEHICLES ACT Section 140,166
IA/3/2025 Classification : Section Sherly SebastianManoj Kumar
IA/4/2025 Classification : Section Sherly SebastianManoj Kumar
IA/5/2025 Classification : Section Sherly SebastianManoj Kumar
IA/1/2026 Classification : Petition Section Sherly SebastianManoj Kumar

Petitioner(s)

Sherly Sebastian

Adv. SANTHOSHKUMAR K S

Tibin M Yohannan

Adv. SANTHOSHKUMAR K S

Tintu M Yohannan

Adv. SANTHOSHKUMAR K S

Respondent(s)

Manoj Kumar Advocate - A K SEBASTIAN

Aswathy P S

Adv. A K SEBASTIAN

Bajaj Allianz General Insurance Co. Ltd

Adv. BENOY JOSE MATHEW

Hearing History

Judge: 1-M A C T / Additional District and Sessions Judge, Pala

21-04-2026

Disposed

31-03-2026

Order/Judgement

30-03-2026

Order/Judgement

26-03-2026

Order/Judgement

19-03-2026

Order/Judgement

Final Orders / Judgements

21-04-2026
Award

Case Summary: OP(MV) 226/2021 Court Decision: The Motor Accidents Claims Tribunal awarded ₹13,23,100 in compensation to the petitioners (wife and two children of deceased Yohannan M V) after finding the mini lorry driver negligent in causing a fatal February 2021 accident. The insurance company (Bajaj Allianz) was held liable for payment with 9% annual interest from the petition date, to be deposited within one month. Key Reasoning: The tribunal accepted the FIR and police charge sheet as evidence of negligence under IPC Sections 279 and 304(A), establishing the driver's rash and negligent conduct. Since only the wife qualified as a dependent, compensation was calculated using a notional monthly income of ₹19,000 (with 10% future prospects addition), multiplier of 9 (deceased aged 58), and ½ deduction for the deceased's personal expenses, yielding ₹11,28,600 for loss of dependency, plus conventional awards for funeral expenses, consortium, pain/suffering, and transport costs. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: OP(MV) 226/2021 Court Decision: The Motor Accidents Claims Tribunal awarded ₹13,23,100 in compensation to the petitioners (wife and two children of deceased Yohannan M V) after finding the mini lorry driver negligent in causing a fatal February 2021 accident. The insurance company (Bajaj Allianz) was held liable for payment with 9% annual interest from the petition date, to be deposited within one month. Key Reasoning: The tribunal accepted the FIR and police charge sheet as evidence of negligence under IPC Sections 279 and 304(A), establishing the driver's rash and negligent conduct. Since only the wife qualified as a dependent, compensation was calculated using a notional monthly income of ₹19,000 (with 10% future prospects addition), multiplier of 9 (deceased aged 58), and ½ deduction for the deceased's personal expenses, yielding ₹11,28,600 for loss of dependency, plus conventional awards for funeral expenses, consortium, pain/suffering, and transport costs. This case analysis is maintained by casestatus.in based on publicly available court records.

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