UNITED INDIA INSURANCE COMPANY LIMITED Vs. PANCHALI

JUDGEMENT

(1.) THE appellant/2nd and 3rd respondents have preferred the appeal in CMA(MD).No.1163 of 2004, against the judgment and decree passed in M.A.C.T.O.P.No.230 of 2000, on the file of the Motor Accident Claims Tribunal, Principle District Judge, Srivilliputhur.

(2.) THE petitioners who are the wife, children of the deceased Aadhimoolam, have filed the claim in M.C.O.P.No.230 of 2000, claiming compensation of a sum of Rs.3,00,000/- from the respondents, for the death of the said Aadhimoolam in a motor vehicle accident. It was submitted that on 29.11.1999, at about 04.00 p.m., when the deceased Aadhimoolam was waiting at the Kannanallur road, near Gundara in Kerala State, after receiving orders for some goods from one Mathew, the 2nd respondent's jeep bearing registration No.KLR-5475, coming on the same road and driven by its driver i.e., the 1st respondent in a rash and negligent manner and at high speed dashed against the deceased Aadhimoolam and caused the accident. In the impact, the (deceased) Aadhimoolam sustained injuries all over his body and was admitted at the RCC Adorement hospital, Perumpuzha, wherein first aid was given and he was subsequently admitted at Government Medical College Hospital, Thiruvananthapuram, but inspite of treatment, the (deceased) Aadhimoolam succumbed to his injuries on 30.11.1999. At the time of accident, the deceased was aged 50 years and was earning a sum of Rs.6,000/- per month. Hence, the petitioners have filed the claim as against the 1st , 2nd and

(3.) THE 3rd respondent, in his counter had also accepted the contentions raised in the 2nd respondent's counter.