ORIENTAL INSURANCE CO.LTD Vs. SALIM

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)No.1890 of 2006, a claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by respondents 1 and 2, claiming compensation on account of the death of their son Master Muhammed Shameem, a minor aged 2 1/2 years, in a motor accident, which occurred on 13.06.2006, involving a pick-up van bearing registration No.KL-7/BB-5310 owned by the 3 rd respondent and insured with the appellant herein. Going by the averments in the claim petition, on 13.06.2006, at about 7.00 pm, Master Muhammed Shameem along with his sister Baby Shabanas aged 4 were playing in the pick-up van parked at Pushpanagar Colony. The pick-up van suddenly moved and hit on an electric post. Both children were thrown out of the pick- up van, and they sustained severe head injury. Master Muhammed Shameem succumbed to the injuries on the way to hospital and his sister Baby Shabanas succumbed to the injuries on the very same day, while undergoing treatment at Ernakulam Medical Centre, Palarivattom. Alleging that Master Muhammed Shameem died on account of the injuries sustained in a motor accident involving pick-up van bearing registration No.KL-7/BB-5310, claim petition was filed before the Tribunal claiming a total compensation of Rs.3,02,000/- under various heads, which was limited to 3,00,000/- for the purpose of payment of Court Fee.

(2.) The 3rd respondent herein, the owner of the pick-up van remained absent and he was set ex parte. The appellant insurer filed written statement admitting insurance coverage of the pick-up van involved in the accident. At the time of accident, Master Muhammed Shameem and Baby Shabanas were inside the said vehicle, which is a goods carrier. The accident occurred solely due to the negligence of the claimants and the deceased. The policy of insurance issued to the goods carrier will not cover the liability of gratuitous passengers. The insurer contended that the compensation claimed under various heads are highly exorbitant.

(3.) Before the Tribunal, the claim petition was tried along with O.P.(MV)No.1893 of 2006 filed claiming compensation on account of the death of Baby Shabanas. On the side of the claimants, Exts.A1 to A9 were marked. A copy of the insurance policy was marked as Ext.B1, on the side of the respondents. Both sides have not chosen to adduce any oral evidence.