BINDHU VARGHESE Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) The claimants in O.P.(MV).No. 511 of 2017 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, have preferred this appeal seeking enhancement of the compensation awarded by the tribunal on account of the death of one Abraham Varghese, who died in a motor accident that occurred on 27/12/2016.

(2.) The brief facts of the case are as follows:- On 27/12/2016, while the deceased, Sri. Abraham Varghese was driving an autorickshaw bearing registration No.KL-03-AA-2959, through Pathanamthitta - Kozhenchery public road, and when reached at Elathoor junction, another autorikshaw bearing registration No.KL-03/S/4523, driven by the 1st respondent in a rash and negligent manner, and at an excessive speed, hit the rear side of the autorishaw driven by Sri. Abraham Varghese. Due to the impact of the hit, Abraham Varghese sustained grievous head injuries, and he succumbed to the same on the way to the hospital.

(3.) The owner-cum driver of the autorikshaw bearing registration No.KL-03/S/4523 was arrayed as the 1st respondent, whereas the insurer was arrayed as the 2nd respondent. The 2nd respondent, the insurance company, contested the petition by filing a written statement primarily disputing the quantum of compensation awarded, despite admitting insurance coverage for the autorikshaw involved in the accident. In the written statement, the 2nd respondent took a specific contention that if the claimants had received any amount as compensation under the personal accident coverage from the insurer of the deceased's vehicle, the said amount shall be deducted from the total compensation payable in the present claim.