SALIJA Vs. UNNIKRISHNAN

JUDGEMENT

(1.) This appeal is filed against the award passed by the Motor Accidents Claims Tribunal, Thrissur in O.P.(M.V.) No. 1887 of 1993. The appellants are the widow and children of one Vijayan who died as a result of the injuries sustained in a motor accident.

(2.) The deceased Vijayan was travelling in a tempo van bearing Registration No.KL-3/990 driven by the first respondent accompanying his goods. He was on his way to Kanjangad for the work of spraying pesticides in a rubber estate and the vehicle was loaded with spraying machines. It is alleged that due to the negligence of the first respondent, the vehicle went out of control and fell on its side into a paddy field. The deceased sustained very serious injuries as a result of the accident. His bones all over the body including his vertebral column were fractured. The accident occurred on 9.5.1993 and Vijayan died on 30.7.1994 during the pendency of the claim petition.

(3.) The Tribunal found that the accident occurred due to the negligence of the first respondent - driver of the tempo van which was owned by the second respondent and insured by the third respondent. Against a claim of Rs.5,00,000/-, the Tribunal awarded Rs.2,27,500/-. The appeal is filed mainly on two grounds: (i) the quantum of compensation awarded is very low and (ii) the Insurance Company should not have been exonerated from liability as the deceased was carrying goods in the vehicle.