BENSY THOUFEEK RAHMAN Vs. KRISHNAN A.

JUDGEMENT

(1.) The appellants were the petitioners in O.P. (MV) No.284/2002 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The respondents in the appeal were the respondents in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The concise facts in the claim petition, relevant for the determination of the appeal, are: the 1st petitioner is the widow of Thoufeek (deceased), who died in a motor accident on 18.1.2002. The petitioners 2 and 3 are the parents of the deceased and the 4th petitioner is the child born in the wedlock between the deceased and the 1st petitioner. It is pleaded in the claim petition that, on 18.1.2002 while the deceased was riding his motorcycle bearing Reg. No.TC-76-95, a bus bearing Reg. No. KL 8/B-151 (offending vehicle) driven by the 2nd respondent, in a rash and negligent manner, hit the motorcycle. The 1st respondent is the owner of the bus and the 3rd respondent is the insurer. The deceased was aged 27 years on the date of accident. The deceased was the sole bread-winner of the family. The deceased was working as a Store Keeper-cum-Cashier and getting a monthly income of Rs.4,000/- plus allowances. The respondents 1 to 3 are jointly and severally liable to pay the petitioners a compensation of Rs.6,48,000/- ,which was limited to Rs.6,00,000/- , with interest and proportionate costs.

(3.) The 1st respondent was absent and was set ex parte.