NEW INDIA ASSURANCE CO LTD Vs. ALEKUTTY ANTONY

JUDGEMENT

(1.) M.A.C.A. 1466 of 2005 is filed by the third respondent New India Assurance Company Ltd. in O.P. (M.V.) No. 1444 of 2001. M.A.C.A. 1471 of 2005 is filed by the third respondent in O.P. (M.V.) No. 1495 of 2001 and M.A.C.A. No. 1479 of 2005 is filed by the third respondent in O.P. (M.V.) No. 1467 of 2001 on the file of the Motor Accident Claims Tribunal, Kottayam. The respondents in the above appeals are the petitioners and other respondents in the O.P.M. V., which are filed under Section 166 of the Motor Vehicles Act.

(2.) A motor accident occurred on 22.7.2000 at about 8.30 p.m. on the Chengalam-Pallikathodu public road at Kavunginpalam within Pallikathodu Police Station limit, in which the petitioner Sajan Jacob @ Sajan of O.P. 1444 of 2001, Jobin Antony @ Jobin of O.P.(M.V.) No. l465 of 2001, Sajeev Jacob @ Sajeev of O.P.(M.V.) No. l467 of 2001 sustained injuries and deceased Antony of O.P.(M.V.) No. 1495 of 2001 sustained fatal injuries.

(3.) The petitioners in the above claim petitions as well as deceased Antony were head load workers and Mason respectively, who were travelling in goods vehicle No. KL 5D/7225, driven by the second respondent, on the way back home after having unloaded concreting materials at their point of destination. While so, when they reached at the place of the accident, due to hectic speed and rash driving of the second respondent, the vehicle went out of control and struck against the Kayyala on the side of the road thereby capsizing and causing injuries to the petitioners Sajan, Jobin and Sajeev as well as fatal injuries to Antony, who succumbed to the injuries sustained on the way to the hospital.