PREETHA Vs. NEW INDIA ASS. COMPANY LIMITED

JUDGEMENT

(1.) This appeal has been filed by the claimants in OP(MV) No.108 of 2017 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondent herein was the third respondent before the tribunal.

(2.) The case of the appellants/claimants is that on 15/9/2016, while the deceased Kamalakshi was pillion riding in her son 's motorcycle bearing Reg.No.KL-57-M-8194 from Kakkur to Chelannur through Kozhikode- Balussery public road, a bus bearing Reg.No.KL-56-M-7127 driven by the second respondent, in a rash and negligent manner hit against the motorcycle ridden by her son, whereby Kamalakshi and her son sustained grievous injuries and succumbed to the injuries. The appellants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of 8,00,000/-.

(3.) Respondents 1 and 2 remained ex parte before the tribunal. The respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and the quantum of compensation claimed. Before the tribunal, PW1 (wife of the rider of the motorcycle) was examined and Exts.A1 to A9 were marked on the side of the appellants/claimants. Ext.B1 was marked on the side of the respondents. 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 2,33,000/- as compensation under different heads against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal.