MARIYAKUTTY Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal is filed by the legal heirs of the claimant in O.P (MV) No.886 of 2015 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein was the third respondent before the tribunal.

(2.) According to the claimants, on 28/10/2014 at about 09.00 am, while the deceased was riding the scooter bearing reg. No. KL-57-G-7271, a motorcycle bearing registration No.KL-18-E-3871 ridden by the 2nd respondent in a rash and negligent manner hit on the scooter in which the deceased was riding. As a result of the accident, the deceased had sustained serious injuries and later succumbed to the injuries on the same day. The claimants, being the mother and siblings of the deceased, approached the tribunal claiming compensation.

(3.) The first and second respondents/owner and rider of the offending vehicle respectively, filed a written statement admitting the accident but denying the negligence attributed against the 2nd respondent and stated that the accident occurred due to the negligence of the deceased. It was further contended that the 2nd respondent was having a valid driving licence and the offending vehicle was insured with the 3rd respondent. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed. It was further submitted that at the time of accident, the deceased was not wearing a helmet. Before the tribunal, Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.12,94,360.00 as compensation under different heads with interest @9% per annum from the date of petition till realization with proportionate costs against the 3rd respondent being the insurer of the offending vehicle. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants, who are the legal heirs of the deceased, have come up in appeal.