VALSALA, AJITH, APARNA, PADMAVATHY AMMA, SANKARAN NAIR Vs. CELEENA, BABY @ KURIAKOSE, NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) In this appeal under Section 173 of the Motor Vehicles Act, the appellants who are the petitioners in O.P. (MV) No.223/2003 on the file of the Motor Accidents Claims Tribunal, Palakkad, a petition filed under Section 166 of the Motor Vehicles Act filed by the widow, minor children and parents of the deceased Muraleedharan, assails the inadequacy of the compensation of Rs. .4,38,500/- awarded for the death of Muraleedharan in a road accident that occurred at 1 p.m.on 26.10.2002.

(2.) The brief facts leading to the above petition are that, while the deceased Muraleedharan riding a motor cycle bearing registration No.KL.9/C.6724 along Ernakulam-Veegaland road, at Millupady junction, a pick up van bearing registration No.KL.7/Y- 4400, owned, driven and insured by respondents 1 to 3, hit against the motor cycle and as a result the rider sustained severe injuries and had an instantaneous death. Attributing negligence against the 2nd respondent, a sum of Rs. .10 lakhs was claimed as compensation as against the estimated amount of Rs. .14,35,000/-.

(3.) Respondents 1 and 2 remained ex parte. The third respondent filed written statement contending that the accident occurred because of the negligence of the deceased and that therefore, the owner and the insurer of the motor cycle were necessary parties and to be impleaded and that the petition is bad for non-joinder of necessary parties and that the compensation claimed is highly excessive. Appellants were put to strict proof of the averments in the petition regarding the age, income and avocation of the deceased.