RAJITHA, AGED 38 YEARS W/O. CHITHRABHANU, CHITHRA BHAVANAM, KANAKKUNNU MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE ALAPPUZHA DISTRICT, Vs. VIJAYACHANDAN, S/O. BHARATHAN, MANGALATHU PUTHEN VILAYIL KARTHIKAPALLY-690516,

JUDGEMENT

(1.) THIS appeal is filed by the petitioners 3, 4 and 5 in O.P.(M.V.) No. 735 of 2012 on the file of M.A.C.T., Mavelikara. The case of the petitioners in O.P.(M.V.) is briefly as follows. The accident occurred on 22.9.2001 near Mutuhukulam in Karthikapally - Kayamkulam road when a scooter bearing reg. no. KL -4B/1375 driven by the first respondent in a rash and negligent manner from north to south hit on a bicycle due to which the deceased Chithrabhanu who was a pillion rider on the scooter sustained injuries and thereafter succumbed to the injuries on 25.9.2001. Second respondent was the owner of the scooter and third respondent was the insurer. The first petitioner is the father, second petitioner is the mother, third petitioner is the wife and petitioners 4 and 5 are the minor children of the deceased Chithrabhanu. They claimed Rs. 6,39,000/ - as compensation.

(2.) RESPONDENTS 1 and 2 remained ex -parte. Third respondent filed written statement admitting the policy of the scooter and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive. Before the Claims Tribunal PW 1 was examined and Exts. A1 to 13 were marked.

(3.) HEARD learned counsel for the appellants and learned counsel for the Insurance Company. Learned counsel for the appellants submitted that the compensation awarded under various heads is on the lower side and that the appellants are entitled to get enhanced compensation. Learned counsel for the appellants further submitted that the second appellant who is the elder minor daughter of Chithrabhanu is a mentally retarded girl having 70% disability as proved by Ext. A8 disability certificate. Learned counsel for the Insurance Company supported the award.