SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. ABDU SALAM

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the 3rd respondent/insurer in O.P. (MV) No.104/2017 on the file of the Motor Accidents Claims Tribunal, Tirur, (the Tribunal), aggrieved by the amount of compensation granted by Award dtd. 31/08/2019. The respondents herein are claimants 1 & 2 and respondents 1 & 2 respectively in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

(2.) The claimants/petitioners are the parents of the deceased. According to the claimants, on 19/10/2015 at about 2:30 a.m. the deceased was travelling in a jeep bearing registration No.KL-11-P-2071 along with some other friends. When the Jeep reached at B.P.Angadi, Bypass road, a lorry bearing registration No.KL-55-B-8476 driven by the 1st respondent in a rash and negligent manner and in great speed collided with the jeep as a result of which the deceased sustained grievous injuries to which he succumbed. The incident occurred due to the rash and negligent driving of the 1st respondent/driver of the lorry. Hence, the claimants/petitioners claimed a sum of Rs.97,00,000.00 as compensation under various heads.

(3.) The 1st respondent/driver and the 2nd respondent/owner remained ex parte.