CHERU KUNHIKOYA THANGAL Vs. SHAJI K.

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No.1081 of 2008 on the file of the Motor Accidents Claims Tribunal, Manjeri, 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 parents, widow and children of deceased Kunhikoya, who died in a motor vehicle accident that occurred on 10/8/2007. According to the petitioners, on 10/8/2007, at about 10.30 p.m, while the deceased was riding pillion on a motorcycle, a lorry driven by the 1st respondent in a rash and negligent manner, hit against the motorcycle, and as a result of which, the deceased fell down and sustained injuries and he succumbed to the injuries on the same day.

(3.) The 1st respondent is the driver, the 2nd respondent is the owner, and 3rd respondent is the insurer of the lorry. The 4th respondent is the rider, 5th respondent is the owner and the 6th respondent is the insurer of the motorcycle. The quantum of compensation claimed in the O.P. was Rs.6,37,000.00.