SARANYA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The appellant was the applicant in O.PMV) No.1211/2006 of the Motor Accident Claims Tribunal, Attingal. The respondents 1 to 3 in the appeal were the respondents in the claim petition.

(2.) The appellant, who was then a minor, had filed the claim petition under Sec. 166 of the Motor Vehicles Act,1988 (for short hereinafter referred to as "Act") claiming compensation on account of the death of her father in a motor accident.

(3.) The case of the appellant in the claim petition, in brief, is that, on 12/5/2006, while her father late Suyodhanan was riding a motorcycle bearing Reg.KL- 01/AK/6805 along the Attingal-Kazhakootam National Highway, when he reached Karikkuzhi, a Maruthi Omni bearing Reg. No.KL-03/N-9133 driven by the 2 nd respondent, in a rash and negligent manner, hit the motorcycle. Sri.Suyodhanan was rushed to the Medical College Hospital, Thiruvananthapuram, where he was admitted as an inpatient. He had sustained multiple fractures to his skull and damage to his brain. He was treated in the hospital till 2/6/2006, where he succumbed to the injuries. The deceased was aged 43 years at the time of his death. He was working as a Subedar Major in the CRPF. He had 17 more years of service and would have retired as a Major. The appellant has to go a long way in her life without the support of the father. Now she is undergoing intense mental trauma and ill. She has lost her sole bread winner. Her parents were divorced. The present application is filed by through her mother and her natural guardian. She sought a compensation of Rs.27,01,000.00 under various heads, which was limited to 25,00,000/-.