ORIENTAL INSURANCE CO. LTD. Vs. BABY

JUDGEMENT

(1.) The aforesaid appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) by the 3rd respondent/insurer in O.P.(MV) No.472/2016 on the file of the Motor Accidents Claims Tribunal, Kollam, (the Tribunal), aggrieved by the amount of compensation granted by Award dtd. 12/07/2019. The respondent herein is the claimant in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

(2.) According to the claimant, on 22/08/2015 at 08:30 p.m., while deceased Ratheesh was riding motorcycle bearing Registration No.KL-020K-7479 from west to east through Paravoor-Paripally road and when he reached LP School Koonayil, a Tavera car bearing registration No.KL-01-AF-6066 coming from the opposite side driven by the 2nd respondent in negligent manner knocked him down causing grievous injuries, to which he succumbed. The deceased succumbed to the injuries sustained. The incident occurred due to the rash and negligent driving of the 2nd respondent-driver of the car. Hence, the claimant/petitioner claimed a sum of Rs.20,00,000.00 as compensation under various heads.

(3.) The first respondent, the owner of the offending car and the second respondent-driver remained ex parte.