MANAGER, NEW INDIA ASSURANCE CO. Vs. LAKSHMI

JUDGEMENT

(1.) This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.(MV) No.77/2018 on the file of the Motor Accidents Claims Tribunal, Kalpetta, (the Tribunal), aggrieved by the amount of compensation granted by Award dtd. 14/08/2019. The respondents herein are the claim petitioners, first respondent and supplementary respondent nos.4 to 6 respectively 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 claim petitioners, on 30/05/2015 at 10:00 a.m., the deceased was walking through the extreme side of the road from Puzhivayal to Kartikulam and when he reached near Valanchery palam, jeep bearing registration no.KL-12/A-5679 driven by the first respondent in a rash and negligent manner, knocked down the deceased, as a result of which he sustained grievous injuries. A sum of 9,00,000/- was claimed as compensation under various heads.

(3.) The first respondent/driver of the offending vehicle filed written statement contending that the accident occurred due to the negligence of the deceased.