KUNJUMOL Vs. ORIENTAL INSURANCE CO.LTD

JUDGEMENT

(1.) The appellants are claimants 2, 4 and 5 and additional claimants 6 and 7 in O.P.(MV)No. 530/2005 on the file of the Motor Accidents Claims Tribunal, Punalur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Binu, son of claimants 1 and 2 and brother of claimants 3 to 5 in a motor accident which occurred on 29.4.2005, while he was riding a motorcycle bearing registration No. KL-2 Q/3761 as pillion rider. At the place of accident, the motorcycle was hit by a lorry bearing registration No.KL-07/W-6217 owned by the 1 st respondent and driven by the 2nd respondent before the Tribunal and insured with the respondent herein. In the accident, he sustained fatal injuries, who succumbed to the injuries on the date of accident itself. Alleging that the accident occurred due to rash and negligent driving of the lorry by its driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.5,00,000/- under various heads. During the pendency of the claim petition, the 1st claimant, the father of the deceased, died. Later, the 3rd claimant, the brother of the deceased also died and his legal heirs were impleaded as additional claimants 6 and 7.

(2.) Before the Tribunal, the owner and driver of the lorry remained absent and they were set ex parte. The respondent insurer filed written statement admitting policy coverage of the lorry involved in the accident; however, denying negligence alleged against the driver of that vehicle. The insurer contended that the accident occurred due to the rash and negligent riding of motorcycle by the deceased. The insurer disputed the age, occupation, monthly income, etc. stated in the claim petition and it was contended that the compensation claimed is highly excessive.

(3.) Before the Tribunal, the claim petition was tried along with connected matter. Exts.A1 to A12 were marked on the side of the claimants. Both sides have not chosen to adduce any oral evidence.