G.THANKACHAN Vs. P.J.BIJU

JUDGEMENT

(1.) Claimants in O.P.(M.V.)No.2354/2001 on the file of the Motor Accidents Claims Tribunal, Thrissur are the appellants herein. The appellants are the husband and children of deceased Kunjumol @ Annamma, who died in a motor vehicle accident occurred on 19/05/2001 at about 7.00 p.m.

(2.) The case of the claimants in the claim petition was that, while petitioners along with Kunjumol @ Annamma were travelling in a scooter driven by the first petitioner/husband, the bus with Reg.No.KL -8Q/8449, driven by the first respondent, owned by the second respondent and insured with the third respondent came from the opposite direction in a rash and negligent manner through the middle portion of the road and in front of the scooter where a vehicle was parked and on seeing the bus, the first petitioner applied brake and due to that, the scooter capsized, the deceased fell on the right side while petitioners fell on the left side of the scooter and on account of the same, the bus ran over the deceased and she succumbed to the injuries. According to the claimants, the accident occurred due to the rash and negligent driving of the bus by the first respondent. The deceased was a seamstress by profession and getting .2,000/ - per month, apart from she being a house wife. She was aged only 37 years at the time of the accident. On account of the death, petitioners have lost the love and affection of the deceased. They claimed a total compensation of .5,00,000/ - on various heads.

(3.) The fourth respondent was impleaded as insurer of the scooter in which the deceased was travelling.