OMANA Vs. SHAIBU P.S.

JUDGEMENT

(1.) The appellants were the petitioners 1 to 4 in OP (MV)362/2005 on the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. The fifth petitioner in the claim petition had expired during the pendency of the proceeding before the Tribunal. The respondents in the appeal were the respondents in the claim petition.

(2.) The petitioners had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988 (in short 'the Act'), claiming compensation on account of the death of Vasu (deceased) the husband of the first petitioner, father of the petitioners 2 and 3 and son of the fourth petitioner. The deceased fifth petitioner was the father of Vasu.

(3.) The concise case of the petitioners, relevant for the determination of the appeal, is: on 14.12.2004, while the deceased was travelling in a tempo van bearing registration No. KL-8/M 3670, a mini lorry bearing registration No. KL-7/J 466 (offending vehicle) driven by the first respondent in a rash and negligent manner came from the opposite side and hit the tempo van. The deceased sustained serious injuries and was admitted as inpatient at Amrita Institute of Medical Sciences and, thereafter, at the Medical Trust Hospital, Ernakulam.