MUKUNDAN Vs. ASHARAF

JUDGEMENT

(1.) Additional claimants 2 to 5 in O.P.(MV)No.888 of 2000 on the file of the Motor Accident Claims Tribunal, Muvattupuzha are the appellants herein. The appellants are the wife, children and mother of the deceased Mukundan Menon. The original petition was originally filed by deceased Mukundan Menon, for compensation for the personal injuries sustained by him in the accident. The case was that, he was riding the motor cycle with registration No.KL -7U/5531 from south to north and at that time a car with registration No.KL -7G/6280 owned and driven by first respondent and insured with the 2nd respondent came from behind and overtook the motor cycle through the wrong side and suddenly turned to the right and hit the left side of the motor cycle. Due to that the motor cycle over turned and the rider and the pillion rider sustained injuries. The rider/deceased Mukundan Menon sustained severe head injuries. While he was alive the claim petition was filed through his wife as he was incapacitated from filing the petition due to his disability, claiming a total compensation of 20,00,000/ -. During the pendency of the proceedings, on 16.05.2001, he died due to the injuries sustained in the accident and thereafter additional petitioners 2 to 5 were impleaded as his legal heirs.

(2.) The first respondent remained absent and 2nd respondent filed written statement contending that there was no negligence on the part of the first respondent and the petitioner is not entitled to claim any compensation. The income, disability, occupation etc., claimed by the petitioner is not correct. The total compensation claimed is also exorbitant according to the 2rd respondent. They prayed for dismissal of the application.

(3.) PWs 1 to 3 were marked on the side of the petitioners and Exts.A1 to A17 were marked on their side. No evidence was adduced on the side of the respondents. After considering the evidence on record, the court below found that the claimants failed to prove the negligence on the part of the first respondent. The tribunal assessed a total compensation of 16,00,700/ - on various heads as follows: