BHAVANI Vs. SHAIJU K. V.

JUDGEMENT

(1.) This appeal is filed against the award dated 31.1.2009 in O.P.(M.V.) No. 2207/2005 on the file of the Motor Accidents Claims Tribunal, Thrissur. The legal heirs of one Santhosh, who died in a motor vehicle accident, filed the above claim petition under Sec. 163 A of the Motor Vehicles Act. The second appellant died pending the appeal and his legal heirs were already impleaded as additional appellants. The first appellant also died and a memo is filed by the counsel to record the death of first appellant and also record her legal heirs as appellants No.2 to 9. The memo is recorded. (Hereinafter, the parties are mentioned in accordance to their rank before the Tribunal).

(2.) The short facts are like this: On 12.8.2005, at 8 a.m., the deceased Santhosh was walking through the public road and when he reached at Thanniam, a lorry bearing registration No. KL7/AH 3952 came from the opposite direction in a very rash and negligent manner and hit him down and due to the impact of hit he sustained severe injuries and he succumbed to the injuries.

(3.) To substantiate the case, Exts.A1 to A6 were marked on the side of the petitioners. After going through the evidence and documents, the Tribunal passed an award of Rs.1,04,500/- taking a multiplier of 5. Aggrieved by the same, this appeal is filed.