JOHN VARGHESE Vs. SOJAN A.S.

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.887 of 2002 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Edward Varghese @ Edward John, son of appellants 1 and 2, and brother of appellants 3 and 4, in a motor accident which occurred on 27.03.2002, while he was riding a motorcycle bearing registration No. KL-8/E8702. At the place of accident, the motorcycle was hit by a bus bearing registration No. KBF-2151, owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries on 01.04.2002, while undergoing in-patient treatment. Alleging that the accident occurred due to rash and negligent driving of the bus by the 2 nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.5,00,000/- under various heads.

(2.) Before the Tribunal, respondents 1, 2 and 4 remained absent and they were set ex parte. The 3 rd respondent insurer filed written statement admitting the policy coverage of the bus involved in the accident; however, denying negligence alleged against the 2 nd respondent driver of that vehicle. The insurer contended that the accident occurred due to the rash and negligent riding of the 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, Exts.A1 to A9 were marked on the side of the appellants/claimants. Both sides have not chosen to adduce any oral or documentary evidence.