UNITED INDIA INSURANCE CO LTD Vs. KUNHIMU

JUDGEMENT

(1.) This appeal is directed against the award in O. P. (MV) No. 1874/90 on the file of the Motor Accidents Claims Tribunal, Manjeri.

(2.) The claimants are the legal representatives of the deceased Latiff who died in a motor accident on 25.5.1990. The deceased was travelling, in a lorry bearing Reg. No. KLM 1241, along with others as the owner of the goods and as loading and unloading labourer. When the lorry reached at the scene of occurrence, the first respondent driver lost the control of the vehicle due to rash and negligent driving while negotiating a curve and as a result Latiff was thrown out of the lorry and sustained serious injuries and later succumbed to the injuries. The legal heirs of the deceased Latiff filed the above Original Petition for compensation for the death of Latiff.

(3.) The Tribunal, after taking the evidence, held that there was no negligence on the part of the first respondent driver and accordingly the Original Petition was dismissed. But the Tribunal has granted an interim award for Rs. 25,000/- under S.140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and the third respondent was made liable to pay the amount to the claimants. Aggrieved by the said finding, the third respondent filed this appeal.