JAMES Vs. SAJEEVAN

JUDGEMENT

(1.) The petitioners in O.P.(M.V.)No.1015/2009 on the file of the Motor Accident Claims Tribunal, Perumbavoor, are the appellants herein. The respondents in the O.P. are the respondents herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

(2.) The petitioners 2 to 5 are the wife, minor children and mother of the deceased original petitioner. The original petition was filed claiming compensation for the injuries sustained by the deceased in a motor vehicle accident that occurred on 16/2/2009. According to them, on 16/2/2009 at 5.30 p.m, the Mini lorry bearing registration No.KL-11/2732 driven by the 1st respondent in a rash and negligent manner overturned into a canal, resulting in injuries to the late petitioner, who was working as the clearner in the said vehicle. He succumbed to the injrues on 7/9/2009.

(3.) The 1st respondent is the driver-cum-registered owner and the 2nd respondent is the insurer of the lorry. According to the the petitioners, the accident occurred due to the negligence of the driver of the mini lorry. Therefore, they filed the OP claiming a compensation of Rs.23,41,000.00 limited to 15,00,000/-.