BIJI JAYAKUMAR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.473 of 2007 on the file of the Motor Accidents Claims Tribunal, Ernakulam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Jayakumar, 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 18.01.2007, while he was driving a car bearing registration No. KL-7/AD-8980. At the place of accident, the car was hit by a mini lorry bearing registration No. KL-6/C-4725, owned by the 1 st respondent and driven by the 2nd respondent before the Tribunal and insured with the 3rd respondent herein. In the accident, he sustained fatal injuries, who succumbed to the injuries at the place of accident. Alleging that the accident occurred due to rash and negligent driving of the mini lorry by its driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.13,40,000/- under various heads.

(2.) Before the Tribunal, respondents 1 and 2 remained absent and they were set ex parte. The 3 rd respondent filed written statement admitting insurance coverage of the vehicle; however denying negligence alleged against the driver of the lorry. The insurer contended that the accident occurred due to the negligence of 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. The 4th respondent, who is the insurer of the Maruti car driven by the deceased filed written statement contending that the accident occurred due to the negligence of the driver of the lorry.

(3.) Before the Tribunal, claim petition was tried along with connected matters. Exts.A1 to A15 were marked on the side of the appellants/claimants. Exts.B1 was marked on the side of the respondents.