ROSAMMA KURIAN Vs. ROBIN XAVIER AND ORS.

JUDGEMENT

(1.) The claimant in O.P.(MV) No. 1815 of 2004 on the file of the Motor Accidents Claims Tribunal, Kottayam is the appellant herein. The claim petition was filed by the claimant for compensation for the personal injuries sustained by her in a motor vehicle accident occurred on 3.9.2003. She was travelling in a maruthi omni van driven by her husband, owned by the fourth respondent and insured by the fifth respondent and while it reached the place of occurrence, a mini lorry with No. KL -5/N -6388 driven by the first respondent, owned by the second respondent and insured by the third respondent, came from the opposite direction without observing the traffic rules, at a high speed and hit against the maruthi van and in that accident the appellant sustained severe injuries and her husband and grandson succumbed to the injuries sustained in the accident. She was aged 47 years and a housewife at the time of accident. She sustained severe injuries which resulted in permanent disability. She claimed a total compensation of Rs. 20,13,000/ - on various heads.

(2.) Respondents 1 and 4 filed written statement. The second respondent remained absent. Respondents 3 and 5 also filed written statement admitting the insurance of the respective vehicles and alleging negligence against the drivers of the respective offending vehicles not insured with them and denying their liability. They have also contended that the amount claimed is exorbitant. Joint trial was allowed along with the claim petitions filed by other claimants, viz. O.P.(MV) Nos. 1929/2003, 1665/2004 and 1785/2004. The appellant herein was examined as PW1 and one witness was examined as PW2. Exts.A1 to A23 were marked on the side of the claimant. Ext. B1 driving licence of deceased K.J. Kurian, i.e. the husband of the appellant was also produced. After considering the evidence on record, the tribunal found that the accident occurred due to the negligent driving of both the vehicles and apportioned the negligence between the drivers of the mini lorry and omni van in the ratio 3:1. After considering the documentary evidence including the evidence regarding treatment in this case, the Tribunal awarded a total compensation of Rs. 5,36,000/ - on various heads as follows:

(3.) Heard Shri P.S. Appu, learned counsel appearing for the appellant and Smt. K.S. Santhi, learned counsel appearing for respondents 3 and 5.