KUTTIYAMMA Vs. JOY

JUDGEMENT

(1.) Award dtd. 7/1/2012 in O.P.(MV)No.975 of 2006 on the file of the Motor Accidents Claims Tribunal, Pala is under challenge in this appeal at the instance of the additional petitioners 2 to 4 who are the legal heirs of Devasia Thomas. Respondent herein are the respondents 1 to 3 before the Tribunal.

(2.) This matter, in fact, earlier considered by the Tribunal and award passed as early on 5/12/2008. However, the matter was taken in appeal and this Court remanded this matter for fresh consideration.

(3.) The crux of the appellants case is that one Devasia Thomas met with an accident on 2/9/2006 at about 7.30 p.m. at Erattupettta, when he was hit down by a Jeep bearing registration No.KL-5/G 8465 driven by the second respondent in a rash and negligent manner, who had driven the vehicle at the time of accident. Attributing negligence against the second respondent, Devasia Thomas preferred compensation for injuries. While on treatment, he passed away and his legal heirs brought on record. Rs.10,00,000.00 claimed as compensation.