K.P.LATHIKA Vs. VINOD

JUDGEMENT

(1.) As the appeal and cross objection arise out of the same award, they have been disposed of by this common judgment. The appellants were the petitioners in O.P (MV) No.786/2009 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondents in the appeal were the respondents before the Tribunal.

(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 Santhosh Kumar (deceased) - the husband of the first appellant and the father of the appellants 2 to 4. It was their case that, on 22/6/2008, while the deceased was travelling with the appellants 1 and 2 from Aluva to Palakkad in their car bearing registration No. KL 9/H 4982, a bus bearing registration No. KL -8/W 5650, driven by the first respondent in a negligent manner came from the opposite direction and hit the car of the deceased. Even though the deceased was rushed to the Paalana Institute of Medical Sciences, Kannadi, he lost his life. The deceased was employed as Deputy Controller, Legal Metrology Department, Government of Kerala and was drawing a monthly salary of Rs.29,265.00. The bus was owned by the second respondent and insured with the third respondent. The appellants were the dependents of the deceased. Hence, the appellants claimed a compensation of Rs.29,76,838.00 from the respondents, which claim was limited to Rs.29,00,000.00.

(3.) The first respondent did not contest the proceeding and was set ex parte.