K.N.SEEMA Vs. N.CHANDRAN

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV)No.2072 of 2005 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 Ananda, mother of the appellant, in a motor accident which occurred on 07.04.2005, while she was travelling in a bus, driven by the 1 st respondent and insured with the 2nd respondent. At the place of accident, the bus overturned and the deceased sustained injuries, who succumbed to the injuries on the date of accident itself. Alleging that the accident occurred due to rash and negligent driving of the bus by the 1 st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.7,00,000/- under various heads.

(2.) Before the Tribunal, the 1st respondent driver remained absent and he was set ex parte. The 2 nd respondent insurer filed written statement admitting insurance coverage of the bus involved in the accident; however, denying negligence alleged against the 1st respondent driver. The insurer contended that the accident occurred due to the rash and negligent driving of the bus by 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.

(3.) Before the Tribunal, the claim petition was tried along with connected matters. Exts.A1 to A27 were marked on the side of the claimants. Both sides have not chosen to adduce any oral evidence.