MANJU KURUVILA Vs. SUNITH KUMAR FENN

JUDGEMENT

(1.) The appellants are the claimants in OP(MV) No.298/2001 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. The appellants and Smt.Pennamma Kuruvila had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of K.K.Kuruvila in a motor accident on 15/6/2000. The parties are, for the sake of convenience, referred to as per their litigate status in the appeal.

(2.) It was the case of the appellants and Smt.Pennamma Kuruvila before the Tribunal that the deceased K.K.Kuruvila, the husband of the first appellant, father of appellants 2 and 3 and son of Smt.Pennamma Kuruvila, while travelling in a car bearing registration No.KL-01/S-1771, which was owned and driven by the first respondent and insured the second respondent, collided with tempo bearing registration No.KL-01/R-235, owned by the third respondent and insured by the fourth respondent in OP(MV)298/2001, and auto rickshaw bearing registration No.KCT-9753, owned by the fifth respondent and insured with the sixth respondent in OP(MV) 298/2001, on the Thiruvallom-Kovalam bye-pass road. The driver of the car lost control and it fell into a ditch. K.K.Kuruvila instantaneously succumbed to the fatal injuries. In the accident, passengers in three vehicles sustained injuries, and another passenger named Sreekumar also lost his life.

(3.) The appellants along with Smt.Pennamma Kuruvila filed the claim petition before the Tribunal, claiming a total amount of Rs.1,23,73,200.00 as compensation, under various heads, which was limited to Rs.60,00,000.00.