GIRIJA SHAJI Vs. PRATHEEP K. S.

JUDGEMENT

(1.) This appeal has been filed by the claimants in OP (MV) No.1131 of 2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The respondents herein are respondents before the Tribunal.

(2.) According to the appellants/claimants, on 2/6/2015, at 12.45 p.m., while the deceased was walking through the side of Erumely - Kanamala public road, a maruthi car bearing registration No.KL-34-B-4277 driven by the first respondent in a rash and negligent manner hit on the deceased. As a result of the accident, the deceased sustained serious injuries and later he succumbed to the injuries. The appellants approached the Tribunal claiming a total compensation of Rs.60,00,250.00, which is limited to Rs.30,00,250.00.

(3.) The first and second respondents are the owner-cumdriver and the insurer of the offending vehicle respectively before the Tribunal. Though notice was served on the respondents, the first respondent remained ex parte. The second respondent-insurer filed a written statement, admitting the insurance policy, but disputing the liability and quantum of compensation claimed. Exts.A1 to A8 were examined on the side of the appellant. No oral or 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.18,96,000.00 as compensation under different heads with interest @ 9% per annum from the date of petition, till realization, against the respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants have come up in appeal.