JAGADEESH KUMAR Vs. VINU

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No.1/2014 on the file of the Motor Accident Claims Tribunal, Kollam 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 children of the deceased by name Jagadamma, who died in a motor vehicle accident that occurred on 21/5/2013. According to them, on 21/5/2013, at about 9.15 am., while the deceased was standing by the side of Kollam-Alapuzha National Highway, lorry bearing registration No.KL-21A-1906, driven by the 1st respondent in a rash and negligent manner hit her down and as a result of which she sustained serious injuries and she 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 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.7,00,000.00.