V. PAVITHRAN Vs. RAJITH A.

JUDGEMENT

(1.) This appeal has been filed by the petitioners in O.P.(MV) No.192/2013 on the file of the Motor Accident Claims Tribunal, Thalassery, seeking enhancement of compensation awarded by the tribunal, on account of the death of Smt. Bindu, who died in a motor accident that occurred on 21/11/2012.

(2.) The case of the petitioners, in brief, is that on 21/11/2012, at about 3.30 p.m., while the deceased Bindu was travelling in an autorickshaw bearing registration No. KL-58-D-8636 from Meruvambayi to Chattukappara and when the said autorickshaw reached Edayannur, a tipper lorry bearing registration No. KL-58-G-9398 came from the opposite direction driven by the first respondent, in a rash and negligent manner hit on the autorickshaw in which the deceased and some other passengers were travelling. Due to the impact of the hit, the autorickshaw was capsized and the deceased Bindu as well as the other passengers sustained serious injuries. Immediately after the accident, though the injured Bindu was rushed to the Hospital, she succumbed to the injuries, on the way to the hospital.

(3.) The owner cum driver of the tipper lorry bearing registration No. KL-58-G-9398 was arrayed as the 1st respondent, whereas, the insurer of the said lorry was arrayed as the 2nd respondent. The 2nd respondent insurer contested the petition and filed a written statement mainly disputing the quantum of compensation claimed in the petition. However, the 2nd respondent admitted the insurance coverage for the offending lorry. Petitioner's evidence consists of Exts. A1 to A18. From the side of the fifth respondent, Ext.B1 was marked.