BEENA Vs. M.KANNAN

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV) No.1117 of 2005 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 Shoukathali, husband of the 1st appellant, father of appellants 2 and 3 and son of the 4 th appellant, in a motor accident which occurred on 27.03.2005, while he was riding a motorcycle bearing registration No.KL-8/Z-2976. At the place of accident, the motorcycle hit on a pedestrian and rider and pillion rider fell down, who were ran out by a tanker lorry bearing registration No.TN-37/D-8625, owned by the 1 st 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 the spot itself. Alleging that the accident occurred due to rash and negligent driving of tanker lorry by the 2nd 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 and 2 remained absent and they were set ex parte. The 3 rd respondent insurer filed written statement admitting insurance coverage of the tanker lorry involved in the accident; however, denying negligence alleged against the 2nd respondent driver. 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, claim petition was tried along with connected matters. Exts.A1 to A11 were marked on the side of the claimants. Exts.B1 and B2 were marked on the side of the respondents. Both sides have not chosen to adduce any oral evidence.