OMANA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.808 of 2007 on the file of the Motor Accidents Claims Tribunal, North Paravur a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Kunjumon, husband of 1 st appellant and father of appellants 2 and 3, in a motor accident which occurred on 14.06.2007 while he was travelling as a pillion rider on a motorcycle bearing registration No.KL-8/B-1180. At the place of accident, the motorcycle was hit by a mini lorry bearing registration No.KL-7/AX-2715, driven by the 2 nd respondent, owned by the 1st respondent in the claim petition and insured with the respondent herein. In the accident, he sustained fatal injuries, who succumbed to the injuries after undergoing inpatient treatment for 8 days. Alleging that the accident occurred due to rash and negligent driving of the mini lorry by its driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.19,65,000/- under various heads, which was limited to Rs.15,00,000/-, for the purpose of payment of Court Fee.

(2.) Before the Tribunal, the owner and the driver of the mini lorry remained absent and they were set ex parte. The respondent insurer filed written statement admitting the policy coverage of the mini 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 the motorcycle by its rider. 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, Exts.A1 to A8 were marked on the side of the appellants/claimants. 1st appellant was examined as PW1.