NEW INDIA ASSURANCE COMPANY LTD. Vs. KALLIYANI

JUDGEMENT

(1.) The appeal and Cross Objection are filed against the award in OP(MV) 737/2004 of the Motor Accidents Claims Tribunal, Vadakara. The parties are, for the sake of convenience, referred to as per their status before the Tribunal.

(2.) The petitioner had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of her son Sajeevan (deceased) on 25.4.2004.

(3.) The facts in brief, relevant for determination of the appeal, are: On 25.4.2004, while the deceased was travelling in a Jeep bearing registration No.KL/11 A 5400 (Jeep) from Valayam to Kadameri, when the Jeep passed the Valayam town, it hit on a tree. The deceased was seated on the rear seat of the Jeep. He fell on the road and his head hit against the ground. He was rushed to the C.M Hospital, Vatakara and, thereafter, to the Medical College Hospital, Kozhikode. However, he lost his life on 28.4.2004. The deceased was a Tailor and earning a monthly income of Rs.3,000/-. The accident occurred due to the negligence of the second respondent who drove the Jeep in a rash manner. The first respondent was the owner and the third respondent was the insurer of the Jeep. As the petitioner was the dependent of the deceased, she claimed an amount of Rs.6,00,000/- as compensation from the respondents.