SHYNO M. AYKARA Vs. SUMOL ROY

JUDGEMENT

(1.) Aggrieved by Award dated 27.09.2014 in OP(MV) No.36/2013 of the Motor Accidents Claims Tribunal, Pala, the petitioners have filed MACA No.328/2015 and the insurer has filed MACA No.1707/2015, invoking Section 173 of the Motor Vehicles Act, 1988.

(2.) The appellants in MACA No.328/2015, (hereinafter referred to as 'the petitioners' for clarity) filed OP(MV) No.36/2013 under Section 166 of the Motor Vehicles Act, 1988. The petitioners stated that they are wife, children and mother of K.C.Thomas, who died in a motor vehicle accident. The petitioners stated that the deceased was travelling in an autorickshaw on 05.11.2012. When the deceased alighted from and was standing near the autorickshaw, a bus bearing registration No.KL-05K-5086 driven by the 3rd respondent came in a rash and negligent manner. When the bus reached adjacent to the autorickshaw, Conductor suddenly opened the door which forcefully hit the face of the deceased. The deceased sustained fatal injuries and fell down. Immediately, the deceased was taken to Amrita Hospital, Ernakulam, but in spite of best treatment, the deceased succumbed to injuries on 17.11.2012. The deceased was a Development Officer in United India Insurance Company and had a monthly salary of Rs. 60,000/-. The petitioners claimed compensation of Rs. 1 Crore.

(3.) The 4th respondent, who is the insurer of the bus (hereinafter referred to as 'the insurer' for clarity) defended the OP(MV). The insurer contended that the accident was due to the negligence of the autorickshaw driver. The insurer disputed the age, occupation and income of the deceased. The policy was however admitted. The insurer stated that the amount of compensation is highly excessive.