SREEJA Vs. P.RAJASEKHAR

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.470 of 2011 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Selvaraj, husband of the 1 st appellant, father of appellants 2 and 3 and son of appellants 4 and 5, in a motor accident which occurred on 06.03.2011, while he was riding a motorcycle. At the place of accident, the motorcycle was hit by a mini bus bearing registration No.TN-69/D-7162, owned by the 1 st respondent, driven by the 2nd respondent and insured with the 3rd respondent. The 4th respondent is the insurer of the motorcycle. 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 mini bus by the 2nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.17,00,000/- under various heads.

(2.) Before the Tribunal, the 2nd respondent driver of the mini bus remained absent and he was set ex parte. The 1 st respondent owner filed written statement stating that the vehicle was covered with a valid insurance policy issued by the 3rd respondent and that, the 2nd respondent driver was holding valid driving licence at the time of accident. It was also contended that the vehicle was transferred to another person prior to the accident.

(3.) The 3rd respondent insurer of the mini bus filed written statement admitting the policy coverage of that vehicle; however, denying negligence alleged against the 2nd respondent driver. The insurer contended that the accident occurred due to the rash and negligent riding of 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 exorbitant.