CHITHRA DEVI Vs. MURALEEDHARAN

JUDGEMENT

(1.) The claimants in OP(MV)No.1084 of 2001 on the file of the Motor Accidents Claims Tribunal, Perumbavoor are the appellants herein. The wife, children, mother and one brother of deceased Shivaraj filed the claim petition for compensation for the death of their breadwinner, who died in a motor vehicle accident occurred on 27.5.2001. According to the claimants, the deceased Shivaraj was riding on his motor cycle bearing registration No.KL -7AA 1741 from Aluva to Companypadi through Aluva -Ernakulam National Highway and when he reached Companipadi at 11.45 a.m, he took U turn after following the procedure and at that time, a Maruthi car bearing registration No.DDB 7035 driven by the second respondent, owned by the first respondent and insured with the third respondent came and hit against the motor cycle driven by the deceased. He suffered severe injuries and he was taken to the hospital and died on 30.5.2001 while he was undergoing the treatment. The deceased was conducting a dairy farm and getting a monthly income of Rs.6,000/ - per month. The claimants claimed a sum of Rs. 8 Lakhs as total compensation on various heads.

(2.) During the pendency of the proceedings, the mother of the deceased namely the 5th petitioner died and her legal heirs were impleaded as additional petitioners 7 to 9 as per order in I.A.No.1681 of 2003 before the tribunal.

(3.) Respondents 1 and 2 remained absent. The third respondent appeared and filed counter admitting the insurance of the Maruti car with registration No.DDB -7035, but denied the allegation that the accident occurred due to the negligence of the second respondent. According to them, the accident occurred due to the negligence of the deceased himself. They denied occupation, income etc of the deceased and dependency of the petitioners. According to them, the total compensation claimed is exorbitant and they prayed for dismissal of the application.