NAYANA Vs. M. K. PHILIP

JUDGEMENT

(1.) This appeal has been filed by the appellant/claimant represented by her legal heir in OP(MV) No.1431 of 2006 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The respondents herein are the respondents before the Tribunal.

(2.) According to the petitioner, on 8/1/2006 at 12.45 a.m., while the appellant/injured along with her parents were travelling in a car bearing registration No.KL/11/V-6871 driven by the owner-cum-driver, the deceased Bijois Philip from Changanassery to Kozhikode and when they reached at Pulinchode at Aluva, the car dashed against the median of the road and the petitioner sustained serious injuries. The appellant/injured approached the Tribunal claiming a total compensation of Rs.4,60,000.00, which is limited to Rs.3,00,000.00.

(3.) The first, second, third and fourth respondents are the legal heirs of the owner-cum-driver of the vehicle and the fifth respondent is the insurer of the offending vehicle respectively before the Tribunal. Though notice was served on the respondents, the first to fourth respondents remained absent and were set ex parte. The fifth respondent filed a written statement admitting the insurance policy but disputed the accident. They contended that neither the insured, nor the respondents informed the occurrence to the fifth respondent. The car had a permit for 4 passengers. At the time of the accident, there were 6 passengers in the car. Since there was violation of the policy conditions, the fifth respondent was found not liable to indemnify the insured. Exts.A1 to A29 documents were marked on the side of the appellant. Exts.B1 to B3 were marked on the side of the respondent. PWs 1 and 2 were examined on the side of the appellant. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.50,806.00 as compensation under different heads with interest @ 8% per annum from the date of petition till realization. The fifth respondent is at liberty to recover the award amount from respondents 1 to 4, the legal representatives of the deceased owner-cum-driver of the car. Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant/injured has come up in appeal.