JOSEPH Vs. MARIYAMMA

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No. 1806/2008 on the file of the Motor Accident Claims Tribunal, Perumbavoor, are the appellants in M.A.C.A.No. 1509/2015. The 1st respondent in the O.P is the appellant in M.A.C.A.No. 1031/2015. (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 Mother and siblings of the deceased Eldho, who died in a motor vehicle accident that occurred on 19/10/2008. According to them, on 19/10/2008, at about 9.15 p.m., while the deceased was riding a motorcycle, a Tate Ace bearing Reg.No.KL-41/A-5262 driven by the 1st respondent in a rash and negligent manner, hit him down and as a result of which he sustained serious injuries and later on he succumbed to the injuries, on the same day, while under treatment.

(3.) The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer 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.32,31,100.00(limited to Rs.30,00,000.00)