CHANDRAN Vs. VIJU

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.874 of 2013 on the file of the Motor Accidents Claims Tribunal, Thrissur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Salish, son of appellants 1 and 2 and brother of the 3rd appellant, in a motor accident which occurred on 15.02.2013, while he was riding a motorcycle bearing registration No.KL-08/AN-1462. At the place of accident, the motorcycle was hit by an autorikshaw bearing registration No.KL-08/P-2948, driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. The said autorikshaw was towing another autorikshaw bearing registration No.KL-08/Y-461 owned and driven by the 4th respondent and insured with the 5th respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries on the date of accident itself. Alleging that the accident occurred due to rash and negligent driving of autorikshaws by the 1st and 4th respondents, claim petition was filed before the Tribunal, claiminga total compensation of Rs.25,00,000/- under various heads.

(2.) Before the Tribunal, respondents 1, 2 and 4 remained absent and they were set ex parte. The 3rd respondent insurer of the autorikshaw bearing registration No.KL-08/P-2948 filed written statement admitting insurance coverage of the said vehicle; however, denying negligence alleged against the 1st respondent. The said insurer contended that the accident occurred due to the rash and negligent driving of the autorikshaw bearing registration No.KL-08/Y-461 by the 4th respondent.

(3.) Before the Tribunal, Exts.Al to A6 were marked on the side of the appellants/claimants. Exts.Bl to B3 were marked on the side of the respondents. Both sides have not chosen to adduce any oral evidence.