SUMATHY Vs. RAGHAVAN

JUDGEMENT

(1.) The claimants in O.P. (MV) 233/83 on the file of the Motor Accidents Claims Tribunal (for short - M.A.C.T.) Alleppey have preferred this appeal for enhancement of the compensation and to declare that the third respondent as well is liable to pay the amount of compensation. The appellants claimed a sum of Rs. 1,07,730/- as compensation for the death of the husband of the first appellant and the father of the other appellants. The Tribunal awarded a sum of Rs. 81,930/- with 6% interest from the date of the petition. The respondents 1 and 2 alone were held jointly and severally liable to pay the amount.

(2.) On 25.9.1980 at about 10 P.M., the deceased aged about 35 who was a toddy tapper was proceeding on a bicycle from north to south along the Shertallai Arookutty road. The motor cycle bearing No. KLR 8062 driven by the 2nd respondent with first respondent owner and a pillion rider on it came in a rash and negligent manner from the opposite side and hit the front wheel of the bicycle. The deceased was thrown off from the bicycle and sustained fatal injuries on his head. He died in the hospital at about 1 A.M. on 26.9.1980 as a result of the head injury. He was then having a monthly income of Rs. 750/-. The petition was originally filed against respondents 1 and 2. But subsequently it was discovered that the third respondent was the registered owner of the vehicle at the time of the accident and as such he was impleaded later as the registered owner of the vehicle. The Motor Accidents Claims Tribunal absolved him from any liability on the ground that he was not the owner of the vehicle at the time of the accident.

(3.) The appellants contended that admittedly the vehicle stood registered in the name of the third respondent at the time of the accident and as such he, as the registered owner and second respondent as the driver are liable to pay the amount, the offending vehicle being not an insured one. Further, it is contended that the M.A.C.T. failed to appreciate the evidence on record in its proper perspective and awarded a low amount.