SUJATHA GOPINATH Vs. SIBY GEORGE

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.1579 of 2012 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondents herein are the respondents before the tribunal.

(2.) The case of the appellant/claimant is that on 10/4/2012, while she was walking along Tripunithura Hospital Road towards the hospital, a bus bearing Reg.No.KL-7-AN-6762 driven by the first respondent in a rash and negligent manner, hit the appellant, whereby she sustained serious injuries. She approached the tribunal claiming a total compensation of Rs.6,60,000.00.

(3.) Respondents 1 and 2 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 A16 were marked on the side of the appellant/claimant. No evidence was adduced by the respondents. Ext.X1 was marked as court exhibit. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.5,41,910.00 as compensation under different heads against the third respondent, being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.