LL B COURSE (3 YEARS) SEMESTER 3

ASSIGNMENT
DRAFTING, PLEADING AND CONVEYANCING

SUB: Claim Petition on KSRTC

ACCident

SABU P ALIAS

ROLL NO: 37

BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL ERNAKULAM

OP (MV) NO

234/2014

SreelathaT , aged 37 years,

W/o Late Thanupillai K,
SreeNilayam,
Kadavnthara ,
Ernakulam.
-------------Applicant
Vs.
1. Managing Director ,
Transport Bhavan,
KSRTC,
Thiruvananthapuram
2. Devan T (Driver),
S/o ThulaseedharanNair,
Thekkedathu,
Eruveli,
Chottanikkara (License No 07/245/2005)
3. Kannan M,
S/o Madhavan,
Kizhakkel,
Pazhoor,
Piravom

(Application under the Section 166 & 140 of the Motor Vehicle Act 1988 for grant of
Compensation r/w Kerala Motor Vehicle Rules 1989 )
I Sreelatha T , aged 37 Years ,W/o deceased Thanupillai T ,Sreenilayam
,KadavantharaErnakulam hereby apply for the grant of compensation for the death of
my husband due to the accidents caused while travelling in the BUS owned by the
first respondent by catching fire from the Indian Oil Petrol Pumbp at Palluruthy
,which was filling the petrol.
Necessary particulars of the deceased /injured persons and the vehicle etc are
given below ,
1. Name & Fathers Name of the person
injured/dead (Husbands Name in case
of married women & widow)

: ThanuPillai K,
S/o Kaladharan Nair

2.Full address of the person injured/dead

: SreeNilayam ,
Kadavanthara,
Ernakulam

3. Age of the person injured/dead.

: 41 Years

4. Occupation of the person dead

: AE , KSEB

5. Name & address of the employer of

the dead.

: Chairman ,KSEB,Thirvanathapuram

6. Monthly Income of the deceased

: 55,000/-

7. Place ,Date and Time of the accident

:Indian Oil Pump Palluruthy ,which is on

the
Ernakulam Alappuzha Highway (NH47) on 20-02-2014

8. Name and Address of the Police station

in whose jurisdiction the accident took place
: Kochi Cusba Police Station Crime No
or case registered
123/2014
9. If the deceased is Income Tax Assesse

: Yes

10.Name of the place of starting the journey

by the deceased in the vehicle
: Cherthala
11. Type of Injury suffered

: Succumbed to severe burn injury

12. Name of the Medical officer who attended the deceased

: Dr. Thankachan V Attacheril, Medical
Trus Hospital ,Ernakulam.
13. Period of treatment and expenditure
incurred
(Attach Proof)
: Immediately brought to he Hospital and
admitted to burn ICU .Administered IV
fluid .MRI Scan was taken. After 30
minutes doctors confirmed the death .
Incurred Rs.75,000/- proof of which is
attached
14.Registratio No. and type of the vehicle

: KL-15 3456, KSRTC Super Fast.

15. Name and Address of the owner of vehicle : Mohan L , MD,TransportBhavan

,Thiruvanathapuram
16.Name and address of the insurer

: Being state Govt. Vehicle ,exempted from

being insured u/s 146(2)&(3) of MV Act
1988

17.Name and address of the driver of the

vehicle
: Devan T (Driver),
S/o Thulaseedharan Nair,
Thekkedathu,
Eruveli,
Chottanikkara

18. The claim raised against the owner/insurer

and its result
: KSRTC was not ready to admit the
claim stating that they are also injured
parties in the accident and responsibility
is on the part of the petrol bunk owner and
its insurer . But the other party claims that
they are not covering insurance to
passengers in the transport vehicle for
filling fuels
19. Name and address of the applicant

: SreelathT , W/o Late Thanupillai K,

SreeNilayam,
Kadavnthara ,
Ernakulam.

20. Relationship with the deceased

: Wife

21. Amount of compensation claimed

: 2.5 crore

22. Particulars of Loss and expenses

: As given below.

Sl.No

10296000

Item
Present value of the future loss of earnings of
the deceased @ salary of 55,000 and 15 years
of service in hand with an interest of 4%
Leave Surrender for 300 days

Pension if he would have lived up to 80 years

48,00000

Family
pension
excluded

Medical expenditure
Total
Loss of amenities due to loss of enjoyment
Grand Total

75,000
15721000
9279000
2,50,00000

PartA
Part B

156460

Not paid &

petition for
exemption
filed

Court fee @1% of Part A excluding Medical

expenditure

Amount

Remarks

5,50000

23. Any other particulars

:Furnished in Column

24. If the applicant is made within six months

of the occurrence of the accidents

: Yes within 2 Months

25. Whether the petitioner has preferred a

the claim from the owner of the vehicle

:Yes. Deceased was the lawful passenger of

Bus and the respondent No1 accepts the
same. Respondent No2 and 3 should have
ensured that adequate fuel is there for the
trip . The passengers are in way responsible
for the culpablenegligence from the
Respondent no 2 and 3 . At the same time

respondent No 1 is vicariously liable for the

act of his employees in the course of their
employment
26. Any other information

: Furnished below

The principle of res-ipsa- loquitur is shall be very well applied in this case .
On the fatal day my husband was travelling from Cherthala to Ernaklulam for official
purpose .at about 12 Km away from the destination ,ieErnakulam the driver drove
the bus to the Indian Oil pump in Palluruthy for filling fuel . Neither conductor,nor
driver nor the Pump official showed any resistance to the passengers sitting in the
Bus. Nor any of them give any direction to the passengers to the effect to vacate the
bus . meanwhile there occurred a fire in the pump and the passengers (45) suffered
injury and 2 passengers died including my husband .

The accident occurred just 12 KMs away from Ernakulam KSRTC Bus stand .
The usual practice in KSRTC is to fill the fuel from the starting point or at the
destination point. In both the cases the passengers were not allowed to sit in the Bus.
Had the respondent no 2 and respondent no 3 followed the normal practice of fuel
filling the unfortunate accidents would not have occurred . But the culpable
negligence from the Respondent No 2 and Respondent No3 caused the grave
accident . The respondents negligence were in the course of their employment and so
respondent no1 is vicariously liable for what happened to the bus and is bound to pay
the compensation as claimed.

My husband was working as AE , KSEB at Vytila Substation which is within

the jurisdiction of this court . so this Hble tribunal is having the required jurisdiction
.

The deceased was the sole breadwinner of our household and now I, the wife
of the deceased, two children and our aged parents are without any means to meet
even the day to day expenditure. His salary was 55,000 per month and the
presumptive salary loss and pension loss etc as show in the table supra would come
to Rupees 2,50,00,000 (Two crore fifty Lakh Rupees ). So this Hble court may
please be shown the justice to a widow and her family and pass compensation for

Rupees two crore fifty lakh with costs and 12 % interest from the date of filing this
application till realization .

Verification
I , Sreelatha T, aged 37 years ,w/o late Thanupillai K , Sreenilayam ,
Kadavanthara , Ernakulam solemnly declare that the particulars given abive are true
and correct to the best of my knowledge and belief .
Dated this 20 th April ,2014
Petitioner

SabuP Alias
Advocate

Presented on 20-04-2014

BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL

ERNAKULAM
OP (MV) NO

234/2014

Application under the Section 166 &

140 of the Motor Vehicle Act 1988 for grant
of Compensation r/w Kerala Motor Vehicle
Rules 1989

IN THE MATTER OF:SreelathaT Petitioner

VERSUS
MD,KSRTC Respondent(s)

Sabu P Alias
ADVOCATE FOR THE petitioner