LAWS(KER)-2020-2-341

U.T.SHAILAJA DEVI Vs. KOTTAPARAMBAN ABDUL KAREEM

Decided On February 14, 2020
U.T.Shailaja Devi Appellant
V/S
Kottaparamban Abdul Kareem Respondents

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.1677 of 2002 on the file of the Motor Accidents Claims Tribunal, Manjeri, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Manoharan, husband of the 1 st appellant, father of appellants 2 and 3 and son of appellants 4 and 5, in a motor accident which occurred on 02.02.2002, while he was travelling in a car bearing registration No.KL-10/B-5446. At the place of accident, the car was hit by a bus bearing registration No.KL-9/F-239, driven by the 1 st respondent, owned by the 2nd respondent and insured with the 3 rd respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries on the way to hospital. Alleging that the accident occurred due to rash and negligent driving of the bus by the 1st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.10,00,000/- under various heads.

(2.) Before the Tribunal, the 1st respondent driver and the 2nd respondent owner of the bus did not file any written statement. The 3rd respondent insurer filed written statement admitting the policy coverage of the bus involved in the accident; however, denying the liability.

(3.) Before the Tribunal, the claim petition was tried along with the connected case. Exts.A1 to A3 were marked on the side of the claimants. The respondents have not chosen to adduce any oral or documentary evidence.