ALI Vs. ABDULJABBAR, S/O.MOHAMMED

JUDGEMENT

(1.) The appellants are the claimants in O.P(MV)No.1278 of 2005 on the file of the Motor Accidents Claims Tribunal, Manjeri, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of their child, Safriya, aged 7 years, who died in a motor accident, which occurred on 18.08.2005 while she was walking through a public road. At the place of accident, she was knocked down by a bus bearing registration No.KL-9/N-1555 driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. In the accident, she sustained fatal injuries, who succumbed to the injuries after undergoing in-patient treatment for about 12 hours. Alleging that the accident occurred due to the rash and negligent driving of the bus by the 1st respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.6,00,000/-, under various heads.

(2.) Before the Tribunal, the 1st respondent driver of the bus and the 2nd respondent owner remained absent and they were set ex-parte. The 3rd respondent insurer filed written statement admitting the policy coverage of the bus involved in the accident; however, denying the liability. The insurer contended that the compensation claimed is highly excessive.

(3.) Before the Tribunal, Exts.A1 to A5 were marked on the side of the appellants/claimants. Both sides have not chosen to adduce any oral evidence.