SHABNA Vs. K.K.ANOOP KUMAR

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No. 1213 of 2016 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 Saifudheen, husband of the 1 st appellant, father of the 2nd appellant, and son of the 3 rd appellant, in a motor accident which occurred on 25.05.2016, while he was riding a motorcycle bearing registration No. KL-47/B-3533. At the place of accident, the motorcycle was hit by a bus bearing registration No. KL-47/B-9990, driven by the 2nd respondent, owned by the 1st respondent and insured with the 3 rd respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries at the place of accident itself. Alleging that the accident occurred due to rash and negligent driving of the bus by the 2nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.1,03,25,000/- under various heads, which was limited to Rs.1,00,00,000/-, for the purpose of payment of Court Fee.

(2.) Before the Tribunal, the 2nd respondent driver of the bus and the 1st respondent owner remained absent and they were set ex parte. The 3rd respondent insurer filed written statement admitting the policy coverage of the bus involved in the accident; however, denying negligence alleged against the 2nd respondent driver. 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 A16 were marked on the side of the appellants/claimants. Exts.B1 was marked on the side of the respondents. Both sides have not chosen to adduce any oral evidence.