SAIBUNISA Vs. MUHAMMED SHAFI, OMANAMUKU BHAGOM, ATHIRAMPUZHA

JUDGEMENT

(1.) The appellant was the petitioner in OP(MV)No.2424 of 2004 on the file of the Motor Accidents Claims Tribunal, Kottayam. The respondents in the appeal were the respondents before the Tribunal. Pursuant to the orders of this Court on 08.04.2021 in IA No.1 of 2021, the respondents 3 and 4 were deleted from the party array. The parties are, for the sake of convenience, wherever the context so requires are referred to as per their status in the claim petition,

(2.) The facts in brief in the claim petition, relevant for the determination of the appeal, are : on 27.01.2004 while the petitioner was a riding pillion on motorcycle bearing registration No.KL 5L/471 driven by the 1st respondent, when the vehicle reached Kavalabhagam, the 1st respondent lost control of the vehicle, which turned turtle. The petitioner sustained serious injuries and was treated as an in-patient at Carithas Hospital, Kottayam from 27.01.2004 to 04.02.2004. She sustained a Type 1 compound fracture both knees (right) leg lower 1/3 region. The petitioner was a Tailor by profession and was also doing poultry business. She was earning a monthly income of Rs.4,000/-. The accident occurred on account of the negligence on the part of the 1st respondent. The 2nd respondent was the owner of the vehicle and the 3rd respondent was the insurer. As the 2nd respondent died, the supplemental respondents 4 to 7 were impleaded as his legal representatives.

(3.) The respondents 1 and 5 did not contest the proceedings and were set ex-parte.