SUDHA Vs. ABDUL RASAK

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.435 of 2009 on the file of the Motor Accidents Claims Tribunal, Palakkad, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Arumughan, husband of the 1 st appellant, father of appellants 2 and 3 and son of the 4 th appellant, in a motor accident which occurred on 12.11.2008, while he was walking on the side of the public road. At the place of accident, he was knocked down by a motorcycle bearing registration No.KL-9/F- 2174 owned by the 1st respondent, ridden by the 2nd respondent and insured with the 3rd respondent. 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 riding of the motorcycle by the 2nd respondent rider, 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 owner of the motorcycle filed written statement admitting the accident; however denying the negligence alleged against the 2 nd respondent. The 2nd respondent rider has also filed written statement raising similar contentions.

(3.) The 3rd respondent insurer filed written statement admitting the policy coverage of the motorcycle involved in the accident; however, denying negligence alleged against the rider of that vehicle. 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.