UNITED INDIA INSURANCE CO. LTD. Vs. BIJU

JUDGEMENT

(1.) The appeal has been filed by the 2nd respondent insurer in O.P (MV) No.132 of 2011 on the file of the Addl. Motor Accidents Claims Tribunal-III, Thiruvananthapuram. The respondents in the appeal were the claimants before the tribunal. The claimants in the said OP (MV) have filed Cross Objection No.133 of 2021 in the appeal.

(2.) The brief facts of the case is as follows:- On 3/11/2010 at about 10.45 am, while the deceased was riding her Kinetic Honda scooter bearing Registration No.KL-01-T-5796 through Maruthamkuzhy - Sasthamangalam Road, a mini bus bearing registration No.KL-01-N-9205, driven by one Saji S., in a rash and negligent manner, hit against the scooter. As a result, she sustained serious injuries and succumbed to the injuries. The 1st petitioner was the husband, 2nd & 3rd petitioners were the minor son and daughter of the deceased, respectively. The 4th & 5th petitioners were the mother and father of the deceased respectively. The 1st respondent was the owner and 2nd respondent was the insurer of the offending vehicle. The claimants approached the tribunal claiming a total compensation of Rs.70,97,000.00, which was limited to Rs.52,00,000.00.

(3.) The 1st respondent owner was set exparte before the Tribunal. The 2nd respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on either side. Exts.A1 to A11 were marked on the side of the claimants. No documents were marked from the side of the respondents. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.27,48,080.00 as compensation under different heads with interest @9% per annum from the date of petition till realization, against the respondent insurer. Challenging the quantum of compensation awarded by the tribunal, the 2nd respondent insurer has come up with the appeal. The claimants have filed Cross Objection No.133 of 2021 in the appeal, seeking enhancement of compensation awarded by the tribunal.