JUDGMENT

Ravikumar, J.

The point that crops for consideration is whether the legal heirs of a driver, who succumbed to the injuries sustained in a motor vehicle accident, when there is no other vehicle involved in the accident, can succeed in an application under Section 163 A of the Motor Vehicles Act , 1988 ( for short`M.V. Act'). The said question and allied questions arise for consideration on the following factual background :-

2. Respondents 1 to 5 herein filed O.P.(M.V)No.99/2008 under Section 163 A of the M.V. Act claiming a compensation of Rs.8 lakhs for the death of one Reji. The deceased Reji is the husband of the first respondent, the father of respondents 2 and 3 and the son of respondents 4 and 5. In the claim petition they stated that he was working under the first respondent before the Tribunal i.e, the sixth respondent herein as a driver of the jeep bearing Reg.No. KL-7/AF- 2736. For the purpose of washing the vehicle, he took the vehicle near a pond created owing to quarrying at Ayiramkolli and while proceeding to the said pond, the jeep capsized and as a result of which Reji fell into the pond and died. The appellant and the sixth respondent who are respondents