THUSHARA Vs. A.CHANDRAN

JUDGEMENT

(1.) The appellant was the 1st respondent in OP(MV).No.935/2008 on the file of the Motor Accident Claims Tribunal, Palakkad. The respondents 1 and 2 were the petitioners before the Tribunal. The respondents 3 to 5 are the driver, owner and insurer of the offending vehicle, respectively. The parties are, for the sake of convenience, referred to as per their litigate status in the claim petition.

(2.) The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of their son Vinod on 16.6.2007.

(3.) The case of the petitioners, in brief, was that the deceased was aged 28 years at the time of accident. The deceased, while he was riding motor cycle bearing registration No.KL-49/3381, the lorry bearing registration No.KL-41/9948 driven by the 2nd respondent, in rash and negligent manner, hit the motor cycle. The deceased died instantaneously. Accordingly, the petitioners sought a compensation of Rs.6,50,000/-.