K.M.BAVU Vs. M.AZHAKAPPAN

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.904 of 2003 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Sathar, son of appellants 1 and 2, and brother of appellants 3 and 4, in a motor accident which occurred on 06.04.2003, while he was travelling in a motorcycle bearing registration No. KL-6/2849 as a pillion rider. At the place of accident, the motorcycle was hit by a jeep bearing registration No. KL-6/9379, 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 on the same day itself. Alleging that the accident occurred due to rash and negligent driving of the jeep by the 2nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.3,00,000/- under various heads.

(2.) Before the Tribunal, the 1st respondent owner of the jeep and the 2nd respondent driver remained absent and they were set ex parte. The 3rd respondent insurer filed written statement admitting the policy coverage of the jeep involved in the accident; however, denying negligence alleged against the 2nd respondent driver of that vehicle. The insurer contended that the accident occurred due to the rash and negligent riding of the motorcycle 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 A7 were marked on the side of the appellants/claimants. Both sides have not chosen to adduce any oral evidence.