BINDU MANOJ Vs. JOY. P. VARGHESE

JUDGEMENT

(1.) The petitioners in O.P.(M.V.) No. 849/2011 on the file of the Motor Accident Claims Tribunal, Muvattupuzha is the appellants in MACA 344/2016. The 2nd respondent in the OP is the appellant in MACA 1839/2015. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) The O.P. was filed under Sec. 166 of the Motor Vehicles Act, 1988, by the wife, child and mother of deceased Manoj who died in a motor vehicle accident that occurred on 3/12/2010. According to the petitioners, on 3/12/2010, at about 2.45 p.m., while the deceased was riding pillion on a motor cycle through Arakkunnam - Piravom public road, a tipper lorry bearing Reg. No. KL-40 B 4430 driven by the 1st respondent in a rash and negligent manner hit on the motorcycle and as a result of which he fell down and sustained serious injuries and later on he succumbed to the injuries, on the same day, while under treatment.

(3.) The 2nd and 3rd respondents are the registered owner and insurer of the offending vehicle. The 4th respondent and additional respondents 5 to 7 are the insurer and the legal heirs of the deceased. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.10,00,000.00. After evaluating the evidence on record, the Tribunal awarded a total compensation of Rs.11,26,585.00 rounded to Rs.11,26,600.00. Aggrieved by the quantum of compensation awarded by the Tribunal, the petitioners preferred this appeal.