T. GOPINATH Vs. JOJU T.J.

JUDGEMENT

(1.) THIS appeal is filed by the petitioners 1 to 3 in O.P.(M.V.) No. 1588 of 2003 on the file of M.A.C.T., Thrissur. The case of the petitioners in the O.P.(M.V.) is as follows. The first petitioner is the husband and petitioner nos. 2 and 3 are the sons of deceased Jaya Gopinath who died in a motor accident. The accident occurred on 26.10.2002 at about 8.30 A.M. While the deceased was coming back home from the temple in Pazhaya Nadakkavu along the Thrissur Town M.G. Road from east to west direction, an autorikshaw bearing reg. no. KL -8/J -8263 driven by the first respondent came from east to west and hit the deceased. She sustained severe head injuries and on 17.12.2002 she succumbed to her injuries. The accident was due to rash and negligent driving of the first respondent, who was the driver of the auto rickshaw. Second respondent was the R.C. owner of the autorikshaw and third respondent was the insurer. Fourth respondent is the present owner of the vehicle. The petitioners claimed Rs. 7,00,000/ - as compensation.

(2.) RESPONDENTS 1, 2 and 4 remained ex -parte. Third respondent filed written statement admitting the policy of the autorikshaw and contended that the accident was not due to negligence of the first respondent. Before the Claims Tribunal no oral evidence was adduced from both sides. Exts. A1 to 8 and B1 were marked. The Claims Tribunal on considering the evidence on record found that the accident was due to the negligent driving of the first respondent and awarded a compensation of Rs. 5,26,800/ - to the petitioners together with interest at the rate of 8% per annum from 24.6.2003 till the date of realisation from the respondents 1, 3 and 4 and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded, the petitioners filed this appeal.

(3.) THE Claims Tribunal awarded compensation under various heads as follows: