NEW INDIA ASSURANCE CO.LTD Vs. SINDHU K.

JUDGEMENT

(1.) This appeal has been filed by the third respondent insurer in OP(MV) No.653 of 2016 on the file of the Additional Motor Accidents Claims Tribunal-II, Palakkad, challenging the impugned award dtd. 31/7/2017. The first respondent herein was the claimant and respondents 2 & 3 herein were respondents 1 & 2 before the tribunal.

(2.) The case of the claimant before the tribunal was that on 11/10/2015, while the deceased Siju was walking along the side of the public road in Chandranagar, a motorcycle bearing Reg.No.TN 40- B-9556 ridden by the second respondent in a rash and negligent manner, hit against him, whereby he sustained fatal injuries and succumbed to the injuries. The claimant has approached the tribunal claiming a total compensation of 20,00,000/-. The first respondent ? appeared before the tribunal and filed a written statement. The second respondent remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 was examined and Exts.A1 to A11 were marked on the side of the claimant. Ext.B1 was marked on the side of the third respondent insurer. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.9,50,000.00 as compensation under different heads against the third respondent being the insurer. The respondent insurer has come up in appeal, alleging that the quantum of compensation awarded by the tribunal is excessive.

(3.) Heard the learned Standing Counsel for the appellant/respondent insurer and the learned counsel for the first respondent/claimant.