RAJENDRAN PILLAI Vs. SREEKUMAR J

JUDGEMENT

(1.) The appellants were the petitioners in OP(MV) 1556/2011 on the file of the Motor Accidents Claims Tribunal, Kollam. The respondents in the appeal were the respondents in the claim petition. The parties are, wherever the context so requires, referred to as per their status in the claim petition.

(2.) The relevant facts in the claim petition, for the determination of the appeal, are: On 31.7.2011 when one Sunil Kumar (deceased) - the son of the petitioners 1 and 2 and the brother of the third petitioner, was riding the motor cycle bearing registration No.KLK-2 AG 8119 on the Chandanathoppu-Kollam road, when he reached Karikode over bridge, a private bus bearing registration No.KL-2/AB3110 (offending vehicle) driven by the second respondent in a rash and negligent manner, hit the motor cycle of the deceased. As a result of the accident, the deceased was thrown away from the vehicle and he sustained serious injuries. He was taken to Holy Cross Hospital, Kottiyam, and, thereafter, referred to the Medical College Hospital, Thiruvananthapuram. The deceased succumbed to his injuries on 3.8.2011. The deceased was aged 26 years on the date of his death and he was a construction worker by profession. He was earning a monthly income of Rs.10,000/-. The deceased was the sole breadwinner of the family. His sudden death has put the family in deep sorrow and suffering. The accident occurred solely due to the rash and negligent driving of the offending vehicle by the second respondent. The Kilikoloor Police Station have registered crime No.821/2011 against the second respondent for offences punishable under Secs.279 and 304A of the Indian Penal Code. The first respondent is the registered owner of the offending vehicle and the third respondent is the insurer. Therefore, the respondents 1 to 3 are jointly and severally liable to pay compensation to the petitioners, which they quantified at Rs.7,00,000/-.

(3.) The respondents 1 and 2 were absent and set ex parte.