MINI Vs. BINU

JUDGEMENT

(1.) The petitioners in OP(MV).51/2009 on the file of the Motor Accidents Claims Tribunal, Kollam are the appellants. They are the widow and minor child of late Krishnakumar who died in a motor vehicle accident that occurred on 26/3/2007. The OP was filed under Sec. 163A of the Motor Vehicles Act (in short, 'the M.V.Act'). (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal.)

(2.) According to the petitioners, on 26/3/2007 at about 7.15 p.m there was a quarrel at the courtyard of the house of one Balakrishnan Nair. Balakrishnan Nair pushed the deceased to the road. At that time a stage carriage bearing registration No.KL-01-G6753 driven by the 2nd respondent came through the road and the deceased happened to hit on the rear footboard portion of the bus. Accordingly, Krishnakumar sustained serious injuries and he succumbed to the injuries on 27/3/2007. The 1st respondent is the owner and 3rd respondent is the insurer of the bus. The 4th respondent is the mother of the deceased. According to the petitioners, since the deceased Krishnakumar died due to the use of the offending stage carriage, they are entitled to get compensation from respondents 1 to 3 under Sec. 163A of the M.V. Act.

(3.) The 3rd respondent/insurer who alone contested the case contended that there was no accident involving the stage carriage, that police have not filed any charge-sheet against the 2nd respondent and that the charge-sheet was filed against Balakrishnan Nair for the offence under Sec. 304 IPC. It is further alleged in the written statement that in connection with the dispute between the deceased Krishnakumar and his brother-in-law, his brother-in-law physically lifted the deceased and threw him to the road and at that time, head of the deceased happened to hit on the tarred road and that is how he died.