VIMALKUMAR Vs. SAJEEVAN

JUDGEMENT

(1.) This appeal is filed by the petitioners in OP(MV)No.421 of 2015 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. The aforesaid claim petition was filed by them seeking compensation for the death of one Vishnu Prasad Vimal, the son of appellants 1 and 2 and the brother of the 3rd appellant.

(2.) According to the appellants, the death of the deceased was due to the injuries sustained by him in a motor accident occurred on 6.3.2015 when the motor cycle ridden by him was hit by a stage carriage driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. According to the appellants, the deceased was aged 24 years who had just completed his BDS course and was about to start his career as a Dentist. The monthly income claimed was Rs.50,000/-. It was also contended that all the appellants were depending upon the deceased and on that basis, a compensation of Rs.80 Lakhs was claimed.

(3.) The 1st and 2nd respondents who are the owner and the driver of the vehicle respectively did not enter appearance despite service of notice and accordingly, they were set ex-parte. The 3rd respondent-Insurance Company filed a written statement alleging negligence on the part of the deceased himself. The quantum of compensation was seriously disputed, but however the policy and its coverage over the vehicle in question were admitted.