K. K. BABU Vs. THOMAS

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No.442/2009 on the file of the Motor Accident Claims Tribunal, Perumbavoor are the appellants herein. The 1st respondent in O.P. is the appellant in MACA No.2030/2018. (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 husband and three children of the deceased by name Molly, who died in a motor vehicle accident that occurred on 26/3/2009. According to them, on 26/3/2009, at about 3:20 PM, the Tipper lorry KL-45/7852 driven by the 2nd respondent along the Angamaly - Chalakkudy N.H road, in a rash and negligent manner, had hit down the motorcycle ridden by the 1st petitioner with the deceased as pillion rider and as a result of which she sustained serious injuries and later on she succumbed to the injuries, on the same day, while under treatment. The 1st respondent is the owner and 3rd respondent is the insurer of the offending vehicle.

(3.) The Tribunal found that the accident occurred due to the negligence of the 2nd respondent, awarded in compensation Rs.9,01,000.00 and directed the 3rd respondent to pay the same. Further, the Tribunal permitted the 3rd respondent to recover the compensation from respondents 1 and 2 on the ground that at the time of the accident the 2nd respondent did not have valid driving licence to drive the Tipper Lorry.