LAWS(KER)-2021-7-6

APPU Vs. M.K. MINI

Decided On July 01, 2021
APPU Appellant
V/S
M.K. Mini Respondents

JUDGEMENT

(1.) The appellants were the petitioners in OP (MV) 270/2004 on the file of the Motor Accidents Claims Tribunal, Palakkad. The respondents in the appeal were the respondents in the claim petition. Pursuant to the orders of this Court on 19.3.2021 in IA 1/2020, the respondents 4 and 5 were deleted from the party array.

(2.) The appellants had filed the claim petition under Sec.166 of the Motor Vehicles Act, 1988 (in short 'the Act'), claiming compensation on account of the death of one Santhosh Kumar (deceased) the son of appellants 1 and 2 and brother of the appellants 3 to 5.

(3.) The appellants contended that while the deceased was driving in a tempo van bearing registration No.KL-7/V 4525 from Aluva to Bangalore on 30.10.1999 through the Omallur Dharmapuri public road, a lorry bearing registration No. TN 28/K 2799 (offending vehicle) driven by the second respondent in a rash and negligent manner hit the tempo van of the deceased. The offending vehicle was owned by the first respondent and insured with the third respondent. It was further averred that in the accident the vehicle of the deceased also hit an other lorry bearing registration No. TN 28/Y 2284, which was driven by the fifth respondent and owned by the fourth respondent and insured with the sixth respondent. The deceased succumbed to his injuries on the spot. The deceased was a driver by profession and earning a monthly income of Rs. 9,000/- and contributed an amount of Rs. 5,000/- per month to his family. The respondents 7 and 8 were the owner and insurer of the tempo van, which was driven by the deceased. The appellants contended that the respondents were jointly and severally liable to pay compensation to them, which was quantified at Rs.10,00,000/-.