ALICE DEVASIA Vs. ROSY MATHEW

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No.372/2012 on the file of the Motor Accident Claims Tribunal, Kottayam, are the appellants herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

(2.) The O.P. was filed under under Sec. 166 of the Motor Vehicles Act, 1988, by the wife and daughter of the deceased by name Devasia, who died in a motor vehicle accident that occurred on 5/10/2011. According to them, on 5/10/2011, at about 6 p.m., while the deceased was riding a scooter, a bus bearing reg.no.KL 36/670 driven by Respondent No.2 in a rash and negligent manner, hit him down and as a result of which he sustained serious injuries and he succumbed to the injuries, on the same day.

(3.) The 1st respondent is the owner, the 2nd respondent is the driver and 3rd respondent is the insurer of the offending vehicle. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.15,56,000.00 limited to Rs.15,00,000.00.