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
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
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
Disposed
Order/Judgement
Order/Judgement
Order/Judgement
Order/Judgement
| Date | Purpose |
|---|---|
| 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
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.
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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