R.P.PRASANTHI RAJ Vs. T.S.PRASANTHI

JUDGEMENT

(1.) This appeal is filed by the appellant/second claimant in O.P (MV) No.495 of 2003 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara. The respondents herein are the first and third claimants and the respondents before the tribunal.

(2.) According to the claimant, on 26/3/2003, at about 01.00 a.m., while the deceased was travelling along with his goods in a vehicle bearing registration No.KL-06-9459 from Nagarcoil to Thiruvananthapuram, driven by the first respondent in a rash and negligent manner fell into a pond and as a result of the accident, the deceased sustained serious injuries and succumbed to the injuries on the spot. The claimant, who is the legal heir of the appellant, approached the tribunal claiming a total compensation of 10,00,000/-.

(3.) The first and second respondents were the owner-cum- driver and the insurer of the offending vehicle respectively and the third respondent was the mother of the deceased. The second respondent insurer filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. They contended that the first respondent was not holding a valid driving licence and badge to drive a mini goods vehicle. They filed an additional written statement contending that the deceased was a gratuitous passenger and there is no insurance coverage against the risk of a gratuitous passenger. Exts.A1 to A6 and Ext.B1 documents were marked before the tribunal. The tribunal, after analysing the pleadings and materials on record found that the accident occurred due to negligence on the part of the first respondent and awarded a sum of 3,47,000/- as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization with proportionate costs against the 2 nd respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the second claimant has come up in appeal.