P.P. JANU Vs. T.V. ABDUL SALAM

JUDGEMENT

(1.) The appellants were the petitioners in OP (MV) No.1630/2005 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The respondents in the appeal were the respondents in the claim petition.

(2.) The appellants had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one P.P.Biju (deceased), who is the son of the first appellant and brother of the appellants 2 and 3.

(3.) The facts in brief, for the determination of the appeal, are: On 14/4/2005 while the deceased was riding a motor cycle bearing registration No.KL-11/U 5772, when he reached Kolaikavu in Kozhikode District, a bus bearing registration No.KL-11/U 2349 (offending vehicle) owned by the first respondent and insured with the second respondent hit the motor cycle causing serious injuries to the deceased. The deceased succumbed to the injuries on 17/4/2005 while he was undergoing treatment. The deceased was a Barber by profession and earning a monthly income of Rs.5,200.00. The respondents 1 and 2 were jointly and severally liable to pay the compensation amount, which the appellants quantified at Rs.6,00,000.00.