M.A. JOSEPH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The appellants were the petitioners in O.P(MV) No. 2156/2005 on the file of the Principal Motor Accident Claims Tribunal, Kozhikode. The respondents in the appeal were the respondents in the claim petition.

(2.) The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act,1988 (for brevity referred to as 'Act'), claiming compensation on account of the death of Smt. Thresiamma (deceased)-- the wife of the 1st appellant and the mother of the appellants 2 to 4.

(3.) The facts in the claim petition, relevant for the determination of the appeal, are that: on 21.12.2004 while the deceased was walking along the Malaparamba road Kozhikode, a vehicle bearing Reg.No.KL-01AD-4952 (offending vehicle) belonging to the 1st respondent hit the deceased. She was taken to a nearby hospital and underwent treatment till 25.12.2004 when she breathed her last. The deceased was a house wife and aged 65 years. The appellants were the dependents of the deceased and hence they were entitled for compensation.