SOFIA K. SAJU Vs. P. A. ITTY

JUDGEMENT

(1.) This appeal has been filed by the claimants in OP(MV) No.153 of 2004 on the file of the Motor Accidents Claims Tribunal, Punalur. The respondents herein were the respondents before the tribunal.

(2.) The case of the appellants/claimants is that on 29/1/2004, while the deceased was standing on the backside of a lorry, another lorry bearing Reg.No.KL-7-M-7506 driven by the second respondent in a rash and negligent manner, hit him, whereby he sustained grievous injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of 10,00,000/-.

(3.) Party respondents 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, PWs 1 & 2 were examined and Exts.A1 to A12 were marked on the side of the appellants/claimants. No evidence was adduced by the respondents. 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 5,21,000/- as compensation under different heads against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal.