PRADEEP Vs. STEPHEN AND ORS.

JUDGEMENT

(1.) The appellant is the 5th respondent and the respondents 1 to 3 herein are the claimants in O.P. (MV) No.889/2006 on the files of the Motor Accidents Claims Tribunal, Neyyattinkara. The said claim petition was filed under Sec.166 of the Motor Vehicles Act, claiming compensation, by the respondents 1 to 3 herein, who are the legal heirs of deceased 'Ratheesh', who died in a road traffic accident. According to them, on 23/04/2006 at 2.50 p.m., while the said 'Ratheesh' was riding his bicycle, through Vellarada - Karakonam public road, when he reached at Puthentheri, a motorcycle bearing Registration No.KL-01/T-7082 ridden by the 2nd respondent, in a rash and negligent manner, came from the same direction, hit the deceased and as a result, he fell down, sustained fatal injuries and later succumbed to the said injuries. At the time of accident, he was a minor aged about 13 years and was studying in 9th standard. The accident occurred solely due to the rash and negligent riding of the motorcycle by the 5th respondent herein. The motorcycle was owned by the appellant and the 7th respondent herein is the registered owner of the said motorcycle. Originally, the 4th respondent was impleaded as the owner-cum- insured of the motorcycle and the 6th respondent was impleaded as the insurer of the motorcycle. Later, they were deleted from the party array as per the order dated 24/3/2012 and thereafter, the appellant herein was impleaded as the 5th respondent, the actual owner in possession of the offending vehicle at the time of accident as per the sale agreement and the 7th respondent was impleaded as the registered owner of the motorcycle. Thus, the appellant and the 7th respondent are jointly and severally liable to pay compensation to the respondents 1 to 3. The respondents 1 to 3 claimed Rs. 6 lakhs (Rupees Six lakhs only) as compensation from them.

(2.) The appellant and the 7th respondent herein were set ex parte. Thereafter, I.A. No.2048/2014 was filed by the appellant to set aside the ex parte order passed against him and to accept his written statement; but, that was also caused to be dismissed due to non-representation.

(3.) There was no oral evidence from the part of the respondents 1 to 3/claimants; but, marked Exts.A1 to A7 for them. After considering the evidence on record, the Tribunal passed the impugned award directing the appellant herein to pay a sum of Rs.4,56,000/- to the respondents 1 to 3 as compensation. The entitlement of the compensation from the appellant is under challenge in this appeal.