USHAKUMARI Vs. P. R. AZAD

JUDGEMENT

(1.) This appeal has been filed by the claimants in OP(MV) No.653 of 2011 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 2/10/2011, while the deceased was riding a motorcycle bearing Reg.No.KL24A/8359 along the Oyoor - Ayoor public road, a pick up van bearing Reg.No.KL-02P/5131 driven by the second respondent in a rash and negligent manner, hit against the motorcycle ridden by 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 Rs.20,00,000.00.

(3.) Respondents 1 and 2 remained ex parte before the tribunal. The 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, Exts.A1 to A8 were marked on the side of the appellant/claimant. 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 Rs.11,37,635.00 as compensation under different heads with interest @ 8% per annum, against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.