SHABANA Vs. JUDE

JUDGEMENT

(1.) The appellants are the petitioners in O.P (MV) No. 2427/2007 on the files of Motor Accident Claims Tribunal, Eranakulam.

(2.) The said claim petition was submitted by them seeking compensation for the death of one Syed Nazeerudeen due to the injuries sustained in a Motor Accident that occurred on 3/9/2007. The 1st appellant is the wife, 2nd and 3rd appellants are the children and the 4th appellant is the mother of the deceased. The deceased was aged 43 years, at the time of the accident and was working as telephone mechanic in BSNL at the relevant time with a monthly income of Rs.14,198.00. According to the appellants, the accident occurred due to the negligence on the part of the 1st respondent, the rider of the Motor Cycle involved in the accident and the said vehicle was insured with the 2nd respondent. The claim petition was submitted in the said circumstances seeking a total compensation of Rs.25,00,000.00.

(3.) The 1st respondent filed a written statement, denying the negligence on his part. The 2nd respondent filed a written statement admitting the existence of valid policy for the vehicle but they denied the negligence on the part of the 1 st respondent and contended that the accident occurred due to the negligence on the part of the deceased himself. The quantum of compensation was also disputed by them.