ELSY Vs. HARIDAS

JUDGEMENT

(1.) This appeal is filed by the appellants/claimants in O.P (MV) No.1038 of 2009 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents herein are the respondents before the tribunal.

(2.) According to the appellants/claimants, on 22/5/2009, while the deceased was travelling in a jeep which was driven by the 1st respondent met with an accident. As a result of the accident, he sustained grave injuries and succumbed to the injuries. The appellants approached the tribunal claiming a total compensation of Rs.10,83,000.00, limited to Rs.8,00,000.00.

(3.) The 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 A8 were marked on the side of the appellants/claimants and no documentary evidence was adduced on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.4,06,000.00, as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization, against the respondent being the insurer and the insurer is granted liberty to recover the compensation amount from respondents 1 and 2. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal. Though notice was served on the respondents 1 and 2 they did not appear before this court and contest the matter on merits.