SATHI KUMAR Vs. SATHI DEVI

JUDGEMENT

(1.) The additional respondent No.3 in O.P.(M.V.) No.187/2006 on the file of the Motor Accident Claims Tribunal, Neyyattinkara is the appellant 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 legal representatives of the deceased by name Sadasivan Nair, who died in a motor vehicle accident that occurred on 14/10/2005. According to them, on 14/10/2005, at about 3.45 p.m. while the deceased was riding a scooter, an autorickshaw bearing registration No.KL-01Q-3949, driven by the 3rd respondent in a rash and negligent manner hit him down and as a result of which he fell down and sustained serious injuries and succumbed to the injuries on the same day.

(3.) The 1st respondent is the owner, the 2nd respondent is the insurer and 3rd respondent is the driver 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.15,00,000.00.