BABU POLOUSE Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No.1010/2013 on the file of the II Addl. Motor Accident Claims Tribunal, Palakkad, 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 major children of the deceased by name Mary Paulose, who died in a motor vehicle accident that occurred on 20/8/2013. According to them, on 20/8/2013, at about 11.30 p.m., while the deceased was riding pillion on a motorcycle ridden by the 1st respondent in a rash and negligent manner, she was thrown on the road, sustained serious injuries and later on she succumbed to the injuries, on 21/8/2013, while under treatment.

(3.) The 1st respondent is the rider cum owner and the 2nd respondent is the insurer of the offending vehicle. According to the petitioners, the accident occurred due to the negligence of the rider of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.5,00,000.00.