CHANDRAN Vs. NIZAR

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV) No.564 of 2004 on the file of the Motor Accidents Claims Tribunal, Thrissur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Sunilkumar, son of appellants 1 and 2, and the brother of the 3rd appellant, in a motor accident, which occurred on 18.01.2004, while he was travelling in an autorickshaw bearing registration No.KL-08/A-7435. At the place of accident, the autorickshaw was hit by a mini lorry bearing registration No.KL-04/L-2169, owned by the 1 st respondent, driven by the 2nd respondent and insured with the 3rd respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries after undergoing inpatient treatment for a period of 4 days. Alleging that the accident occurred due to rash and negligent driving of the mini lorry by the 2nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.6,00,000/- under various heads.

(2.) Before the Tribunal, respondents 1 and 2 remained absent and they were set ex-parte. The 3 rd respondent insurer filed written statement admitting insurance coverage of the mini lorry involved in the accident; however, denying negligence alleged against the 2nd respondent driver. The insurer contended that the accident occurred due to the rash and negligent driving of the mini lorry 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, Exts.A1 to A10 were marked on the side of the appellants/claimants. Both sides have not chosen to adduce any oral evidence.