(1.) The appellants are the claimants in O.P.(MV)No.757 of 2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Dinesan, husband of the 1st appellant, father of the 2nd appellant and son of the 3rd appellant, in a motor accident which occurred on 29.9.2005, while he was riding a motorcycle bearing registration No.KL-7/V-1939. At the place of accident, a scooter bearing registration No.KL-7/AD-141, owned by the 1st respondent, ridden by the 2nd respondent and insured with the 3rd respondent, hit the motorcycle. In the accident, he sustained fatal injuries, who succumbed to the injuries on 10.10.2005, while undergoing inpatient treatment. Alleging that the accident occurred due to rash and negligent riding of the scooter by the 2nd respondent rider, claim petition was filed before the Tribunal, claiming a total compensation of Rs.16,00,000/- under various heads.
(2.) Before the Tribunal, respondents 1 and 2 remained absent and they were set ex parte. The 3rd respondent insurer filed written statement admitting the policy coverage of the scooter involved in the accident; however, denying negligence alleged against the 2nd respondent rider of the scooter. The insurer contended that the accident occurred due to rash and negligent riding of the motorcycle by the deceased, who applied sudden brake and thus hit against the scooter. Therefore, there was contributory negligence on the part of the deceased. The insurer contended further that the compensation claimed is highly excessive.
(3.) Before the Tribunal, Exts.A1 to A13 were marked on the side of the claimants. The 1st appellant was examined as PW1 and an occurrence witness was examined as PW2. Exts.B1 and B2 were marked on the side of the respondents.