SREEDEVI Vs. ABU

JUDGEMENT

(1.) This appeal is directed against an award passed by Motor Accidents Claims Tribunal, Thrissur (for short 'the Tribunal') on 5/6/2012 in O.P.(M.V) No.974/2006.

(2.) For the sake of convenience, the parties to this appeal will hereinafter be referred to as petitioners and respondents 1 and 2 in accordance with their status in the Original Petition.

(3.) The appellants are the legal heirs of one Mrs.Radhamma who died at the age of 53 years following the fatal injuries sustained by her in a motor accident occurred at 06.00 pm on 12/3/2006. As per the allegations in the Original Petition, the motor accident was occurred at Ottupara situated in Thrissur-Shoranur road when she was knocked down by a Motorcycle bearing Registration No.KL8/AD 1677 which was ridden by its rider in a rash and negligent manner. She was taken to Aswini Hospital, Thrissur and while undergoing treatment there, she succumbed to the injuries sustained. Alleging that the motor accident was occurred due to the rash and negligent riding of the Motorcycle by its rider who was also its registered owner at the relevant time, the Original Petition was filed seeking for a sum of Rs.4,10,000.00 as compensation. The owner cum rider and the insurer of the Motorcycle were arrayed as respondents 1 and 2 in the Original Petition.