MAHESH DATT Vs. RAMARAJAN

JUDGEMENT

(1.) The appellants are the claimants in O.P(MV) No.1333 of 2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. They are the parents and sisters of late Pradeep Sharma who succumbed to the injuries sustained by him in a motor accident, which took place on 19.3.2012. The claimants had averred that while the victim was traveling as a pillion rider on a motor bike, a goods vehicle bearing Reg. No.KL -19/B 4664 owned by the first respondent, driven by the second respondent, and insured with the third respondent collided with the said motor bike and in that accident, Pradeep Sharma sustained fatal injuries. They claimed in all, the sum of 20,00,000/ - as compensation under various heads from the respondents on the averment that the accident took place solely on account of the negligence of the second respondent.

(2.) Though respondents 1 and 2 were served, they did not enter appearance or file a written statement. They were therefore, set ex parte. The third respondent, the insurer of the goods vehicle owned by the first respondent, entered appearance and filed a written statement wherein it admitted the existence of a valid policy of insurance on the relevant date. It denied the occupation and monthly income of the victim and contended that the compensation claimed is exorbitant and excessive. It further contended that the accident took place on account of the negligence of the rider of the motor bike.

(3.) Before the Motor Accidents Claims Tribunal, the claimants produced and marked Exts.A1 to A12. They also caused production of Ext.X1 salary certificate and Ext.X2 licence copy and examined the employer of the victim as PW1. No evidence, oral or documentary, was adduced on the side of the respondents. After considering the rival contentions, the tribunal held relying on the police records that the accident took place on account of the negligence of the second respondent. The tribunal also held relying on the postmortem report and the medical evidence that the victim died as a result of the injuries which he sustained in the motor accident that took place on 19.3.2012. The tribunal thereafter awarded the sum of 11,52,000/ - as compensation, as detailed below: <IMG>JUDGEMENT_147_LAWS(KER)7_20161.jpg</IMG>