CHOLAMANDALAM MS GENERAL INSURANCE COMPANY Vs. SARITHA

JUDGEMENT

(1.) The 3rd respondent insurance company and the claim petitioners in O.P.(MV) No. 1161 of 2012 on the file of the Motor Accident Claims Tribunal, Kollam filed the above appeal and cross objection challenging the quantum of compensation fixed by the Tribunal.

(2.) The claim petitioners are the legal heirs of the deceased Pradeep, who died in a motor vehicle accident occurred on 7/7/2012. According to the claim petitioners, while the deceased was riding a motor bike along with his friend as pillion rider, bus driven by the 2nd respondent in a rash and negligent manner and exorbitant speed abruptly stopped in the middle of the road without any signal and thereby, the motor cycle ridden by the deceased rammed into the rear side of the bus and thereby, the deceased sustained severe injuries and subsequently, succumbed to his injuries while undergoing treatment in hospital on 9/7/2012.

(3.) Before the Tribunal, PWs 1 and 2 were examined and Exhibits A1 to A12 were marked from the side of the claim petitioners and from the side of the respondents, DW1 examined and Exhibits C1 and C2 were marked.