MARIAMMA JAMES W/O.LATE JAMES JOSEPH, MUKKADA HOUSE, HOUSING COLONY 77, CHALAKKUDY KARA, CHALAKKUDY EAST VILLAGE, THRISSUR DISTRICT Vs. ALPHONES ANTONY S/O. ANTONY KURIAN, ARUPARAYIL HOUSE, CHANGANACHERRY P.O., KOTTAYAM DISTRICT

JUDGEMENT

(1.) This appeal is preferred by the legal heirs of one James Joseph who lost his life in a motor vehicle accident, on being aggrieved by and dissatisfied with the quantum of compensation granted by the Additional Motor Accidents Claims Tribunal, Kottayam as per the judgment and award in O.P.(M.V.)No.1684/2011. The unfortunate incident occurred on 20.12.2009. On that fateful day at about 10.30 a.m. Sri. James Joseph was walking through Changanacherry - Vazhoor Road and when he reached near Madukkummoodu a motor vehicle bearing registration No.KL-33/A 5821 came from east and knocked him down. On sustaining severe injuries he was taken to Pushpagiri Medical College Hospital, Thiruvalla. While undergoing treatment he died on 11.03.2010. He was then aged 64 years. It is in the said circumstances that the appellants who are his widow and children filed the claim petition under Sec. 166 of the Motor Vehicles Act seeking a total compensation of Rs.10 lakhs. No oral evidence was adduced by both sides before the Tribunal. On the side of the appellants they got marked Exts.A1 to A6 and no documentary evidence was also adduced by the respondents. The Tribunal evaluated the evidence on record and the rival contentions and passed the impugned judgment awarding a compensation of Rs.3,59,000.00 with interest at the rate of 8.5% per annum from the date of petition (27.12.2011) till realization. The captioned appeal has been preferred seeking enhancement of the quantum of compensation assessed and awarded thereunder.

(2.) We have heard the learned counsel for the appellants and the learned counsel for the third respondent Insurance Company.

(3.) In view of the absence of dispute regarding the accident, the insurance coverage of the aforementioned offending vehicle at the relevant point of time and also the cause of the accident as the rash and negligent driving by the first respondent a decision is called for only on the question of entitlement of the appellants for enhanced compensation. Though the said question appears to be less complicative and usually depends mainly on certain amount of guess work the case on hand carries a point of law to be resolved.