MARIYUMMA Vs. VIJESH

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.338 of 2014 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 Abu, husband of the 1st appellant and father of appellants 2 to 5, in a motor accident which occurred on 22.2.2013, while he was walking on the side of a public road. At the place of accident, he was knocked down by a car bearing registration No. KL-55/K-7742 owned and driven by the 1st respondent and insured with the 3rd 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 the rash and negligent driving of the car by the 1st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.15,00,000/- under various heads.

(2.) Before the Tribunal, the 1st respondent owner-cum-driver of the car remained absent and he was set ex parte. The 2nd respondent insurer filed written statement admitting the policy coverage of the car involved in the accident; however, denying negligence alleged against the 1st 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 A11 were marked on the side of the claimants. Both sides have not chosen to adduce any oral evidence.