NATIONAL INSURANCE COMPANY LTD. Vs. KASIM AND ORS.

JUDGEMENT

(1.) The third respondent in O.P.(M.V.) No. 378 of 2002 on the file of the Motor Accidents claims Tribunal, Tirur is the appellant herein. The claim petition was filed by the original claimant, the first respondent herein, claiming compensation for the injury sustained by him in a motor vehicle accident involving a scooter with No. KL -7H -9039 owned by the second respondent, driven by the first respondent and insured with the third respondent.

(2.) It is alleged in the petition that the accident occurred due to negligent driving of the scooter by its rider. The injured was engaged in manufacture of beds and getting a monthly income of Rs. 4,500/ - per month. On account of the injury sustained, he suffered disability and incapacitated from doing his work. He claimed a total compensation of Rs. 14 lakhs on various heads.

(3.) Respondents 1 and 2 remained absent. The third respondent filed a counter contending that it is a collusive claim made by the claimant with the owner and driver of the scooter, who are his relatives. Further, the accident was said to have occurred six years ago and there was no proper explanation given for the delay in filing the petition. So the claim petition is not maintainable. They have contended that there was no negligence on the part of the rider of the scooter. The amount claimed is excessive. They prayed for dismissal of the application. The claimant and his wife were examined as Pws 1 and 2. Exts.A1 to A11 were marked on their side. After considering the evidence on record, the court below found that the accident occurred due to negligence on the part of the driver of the scooter and awarded a total compensation of Rs. 6,92,000/ - on various heads as follows: