LAKSHMIKUTTY T. N. Vs. MANAGING DIRECTOR, KSRTC

JUDGEMENT

(1.) Legal heirs of Late K.Krishnankutty are in appeal against Award in OP(MV) No.1523/2012 of the Additional Motor Accidents Claim Tribunal, Pathanamthitta. The 3 rd respondent-insurer in the OP(MV) also invoked Section 173 of the Motor Vehicles Act, 1988 and filed appeal aggrieved by the said Award dated 05.08.2014.

(2.) Late K.Krishnankutty was a business man. He was running a medical shop and was proprietor of a Studio, both at Ettiyappara. He was owner of an STD Booth also, at Ranni. On 09.08.2012 when Krishnankutty was travelling as a pillion rider on a motor cycle with registration No.KL-28A-2773, a KSRTC passenger bus bearing No.KL-15-8235, driven in a rash and negligent manner hit the motor cycle. Krishnankutty sustained serious injuries and died on 03.01.2013. Originally, the OP(MV) No.1523/2012 was filed by Krishnankutty, claiming compensation of Rs. 5,00,000/-. After his demise, appellants in MACA No.3377/2014, wife and children, got impleaded in the OP(MV) and amended the compensation amount claimed, to Rs. 35,00,000/-.

(3.) The legal heirs of late Krishnankutty, the appellants in MACA No.3377/2014 (hereinafter referred to as 'the petitioners' for clarity) contended that the offending KSRTC passenger bus was driven on the fateful day in a rash and negligent manner at an exorbitant speed so as to endanger human life and property. Immediately after the accident, the deceased was taken to Pushpagiri Medical College Hospital where he was treated as in-patient from 09.08.2012 to 15.08.2012. As his physical condition worsened, he was taken to Ananthapuri Hospitals and Research institute, Thiruvananthapuram on 15.08.2012 and remained there till 05.12.2012. During this period, the deceased underwent a series of surgeries. The deceased was also given Ayurvedic treatment at Kaustukan Panjakarma Centre at Kollam, but died while undergoing treatment there, on 03.01.2013. The respondents are jointly and severally liable to compensate the petitioners in the OP(MV) file under Section 166 of the Motor Vehicles Act, 1988, contended the petitioners.