P. GOPALAN Vs. P.K. UMMER

JUDGEMENT

(1.) NO representation for the appellant on the third consecutive posting. Appellant called absent. The third respondent is represented. This appeal is dismissed.

(2.) GOPINATHAN , J. The appellants are the petitioners in OP(MV)No.471/2004 on the file of the Motor Accidents Claims Tribunal, Kasaragod. On 5.5.2003, the appellants' son, late Vinu, who was then aged 23 years, met with a road accident while riding a motor cycle and lost his life. It is alleged that a bus bearing Reg. No.KL.7/W/1836 driven, owned and insured by respondents 1 to 3 hit against the motor cycle and as a result, Vinu fell down and sustained grievous injuries to which he succumbed while undergoing treatment. It was further alleged that the accident occurred because of the rash and negligent driving of the bus by the 1st respondent and hence, all the respondents are liable to compensate the appellants. The appellants claimed a sum of Rs.15,00,000.00 under Section 163 A of the Motor Vehicles Act.

(3.) AFTER raising the issues, an enquiry was conducted. During the course of enquiry, Exts.A1 to A14 were marked. No oral evidence was adduced from either side.