VIJAYAM Vs. K.K.RAVEENDRAN

JUDGEMENT

(1.) The claimants in O.P.(M.V.)No.20 of 2010 on the file of the Motor Accidents Claims Tribunal, Palakkad are the appellants herein. The claim petition was filed by the claimants, who are the wife and children of the deceased Vasu, seeking compensation for the death of their bread winner, who died in a motor vehicle accident occurred on 15.8.2009. According to the claimants, while the deceased was walking along the side of Palakkad -Kozhikode road at Puthupariyaram, a contract carriage with No.KL -9/N -7686 driven by the second respondent, owned by the first respondent and insured with the third respondent hit against the deceased and on account of the accident, he sustained serious injuries and succumbed to the injuries on the same day. According to the claimants, the accident occurred due to the negligent driving of the vehicle by the second respondent and so, respondents 1 to 3 are jointly and severally liable to pay the compensation. According to the claimants, the deceased was aged 56 years, working as a security guard and getting Rs.5,000/ - per month. They claimed a total compensation of Rs.5,40,000/ - on various heads.

(2.) Respondents 1 and 2 entered appearance and filed separate written statements admitting that they are the owner and driver of the vehicle. According to them, the accident occurred due to the negligence of the deceased and there was no negligence on the part of the second respondent. The amount claimed under various heads are high. The vehicle was insured with the third respondent and the compensation if any has to be paid by them. They prayed for dismissal of the application.

(3.) The third respondent entered appearance and filed written statement admitting the insurance but denied the negligence on the part of the driver of the bus and attributed negligence on the part of the deceased. They also prayed for dismissal of the application.