ORIENTAL INSURANCE CO. LTD. Vs. BINDU P.

JUDGEMENT

(1.) This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) by the 3rd respondent/insurer in O.P.(MV) No.793/2018 on the file of the Motor Accidents Claims Tribunal, Kozhikode, (the Tribunal), aggrieved by the amount of compensation granted by Award dtd. 02/09/2019. The respondents herein are the claimants. In this appeal, the parties and the documents will be referred to as described in the original petition.

(2.) The claim petitioners are the wife, three children and the mother of deceased Sudheesh. According to the claim petitioners, on 16/07/2017 between 06:00 p.m. and 07:00 p.m., while deceased Sudheesh was walking through the side of Thondayad-Ramanattukara bypass road, car bearing registration no.KL-56-Q-8737 driven by 1st respondent in a rash and negligent manner and in high speed knocked him down causing grievous injuries to which he succumbed.

(3.) The first respondent, the driver of the offending car remained ex parte.