SHIJI, AGED 35 YEARS D/O. MATHEW, KUMMANATTU HOUSE, RAMALLOOR KOTHAMANGALAM Vs. THANKACHAN S/O. ABRAHAM, ATTUPURAM HOUSE, CHERANELLOOR P.O. ERNAKULAM-683544,

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(M.V.) No. 1693 of 2005 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. The case of the petitioner in the O.P.(M.V.) is briefly as follows : On 23.7.2005 at about 2.15 p.m., while the petitioner was travelling in the bus bearing Registration No. KL -7/AU 2843 driven by the first respondent from east to west along the Aluva - Munnar public road, the same was hit on the KSRTC bus bearing Registration No. KL -15/1139 which came form the opposite direction at the northern side of the said road, as a result of which, she sustained serious injuries. The accident occurred solely due to the rash and negligent driving of the bus bearing Registration No. KL -7/AU -2843 by the first respondent. The second respondent was the owner of the offending vehicle and the third respondent was the insurer. The 4th respondent is the Managing Director of the KSRTC bus involved in the accident. The petitioner claimed Rs. 1,09,200/ - as compensation.

(2.) RESPONDENTS 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the offending vehicle and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive. The 4th respondent filed written statement contending that the accident was due to the negligence of the first respondent and that the compensation claimed is exorbitant.

(3.) HEARD the learned counsel for the appellant and the learned counsel appearing for the Insurance Company.