UNITED INDIA INSURNACE CO. Vs. AYISHAKUTTY

JUDGEMENT

(1.) This appeal has been filed by the third respondent insurer in OP(MV) No.1158 of 2014 on the file of the Motor Accidents Claims Tribunal, Kozhikode, challenging the quantum of compensation awarded to the claimants. The respondents 1 to 8 herein were the petitioners before the tribunal.

(2.) The case of the claimants before the tribunal was that on 6/12/2013 at about 5 pm, while the deceased was walking along the extreme side of Mavoor-Medical College road, a motor cycle bearing Reg.No. KL-11N/9785 driven by the second respondent and owned by the first respondent hit him in a rash and negligent manner whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of Rs.7,00,000.00.

(3.) Respondents 1 and 2, owner and driver of the offending vehicle respectively, 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, Exts.A1 to A7 were marked on the side of the claimants. No oral or documentary evidence was adduced from the side of the third respondent. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence on the side of the second respondent and awarded a sum of Rs.8,77,300.00 as compensation under different heads with interest @ 9% per annum from the date of petition till realization against the third respondent being the insurer. The respondent insurer has come up in appeal, alleging that the quantum of compensation awarded by the tribunal is excessive.