SUMATHY AMMA Vs. BABU (RAJAN)

JUDGEMENT

(1.) The claimants in O.P.(M.V.)No.222 of 2007 on the file of the Motor Accidents Claims Tribunal, Punalur are the appellants herein. The appellants originally filed the application seeking compensation under section 163 -A of the Motor Vehicles Act claiming compensation for the death of Mohanan Pillai, the husband of the first claimant, father of claimants 2 and 3 and son of the fourth claimant. According to them, on 7.2.2005 at about 3 pm while the deceased Mohanan Pillai was engaged in loading wooden pieces into a mini lorry with registration No.KL -01/D -4350 at Manjamonkala -Thiruvazhy public road, the lorry suddenly moved forward by the driver and on account of the same, the deceased fell down from the lorry and a big piece of wood from the hands of the co -worker fell on him and he sustained serious injuries and succumbed to the same. They originally claimed a total compensation of Rs.4,00,000/ - on various heads not restricted to the claim provided in the IInd schedule to section 163 -A of the Act, which reads as follows:

(2.) Further they also claimed Rs.6,000/ - as the monthly income of the deceased as a loading worker and the application was filed on 29.3.2007. Subsequently they filed I.A.No.1134 of 2009 seeking amendment of column 6 of the claim petition restricting the monthly income to Rs.3,300/ - so as to bring the application maintainable under section 163 -A of the Act taking into consideration the view expressed in the decision of the Supreme Court.

(3.) Originally the insurance company was not impleaded. Later additional third respondent was impleaded as the insurer of the vehicle as per order in I.A.No.1134 of 2009.