SASIKALA Vs. AJI KUMAR R.S.

JUDGEMENT

(1.) As the issue arising for consideration in these appeals is common, they are disposed of by this common judgment.

(2.) The appellants in M.A.C.A. No. 2189 of 2010 are the legal representatives of one Bhuvanachandran Nair who died in a motor accident on 28.02.2004. Bhuvanachandran Nair was riding a motor cycle at the time of accident. It is alleged that while so, he lost control over the vehicle, fell on the road and sustained fatal injuries. As the accident occurred in the manner indicated above, the appellants instituted proceedings before the Motor Accidents Claims Tribunal under Section 163A of the Motor Vehicles Act, 1988 ('the Act'), claiming compensation from the owner and insurer of the motor cycle ridden by the deceased.

(3.) The appellants in M.A.C.A. No. 3974 of 2017 are the legal representatives of one Juby Skaria who died in a motor accident on 9.9.2011. Juby Skaria was also riding a motor cycle at the time of accident. It is alleged that while so, he lost control over the vehicle, hit on the railing of a bridge and sustained fatal injuries. As in the earlier case, since the accident occurred in the manner indicated above, the appellants instituted proceedings before the Motor Accidents Claims Tribunal under Section 163A of the Act claiming compensation from the owner and insurer of the motor cycle ridden by the deceased.