THARUN K. THOMAS @ THARUN Vs. JOSEPH @ BIJU

JUDGEMENT

(1.) This appeal arises out the award passed by the Motor Accidents Claims Tribunal, Mavelikara in O.P.(MV).No.553 of 2002, a claim petition filed under section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by the appellant/1st claimant in a motor accident which occurred on 4.07.2000 while travelling on a motor cycle bearing Reg.No.KL-5/C- 2688, as a pillion rider. At the place of accident, the motor cycle was hit by an autorickshaw bearing Reg.No.KL-5/6718 driven and owned by respondents 1 and 2 and insured with the third respondent. As a result of the accident, the appellant/1st claimant sustained fatal injuries. Alleging that the accident occurred due to the rash and negligent driving of the autorickshaw by the first respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs. 1,83,000/-, which was limited to Rs. 1,75,000/-, for the purpose of payment of court fee.

(2.) Before the Tribunal, Exts.A1 to A13 series were marked on the side of the appellant/1st claimant and he was examined as PW1. The respondents have not chosen to adduce any oral or documentary evidence.

(3.) After considering the materials and evidence on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of the autorickshaw by the first respondent driver. Since the said vehicle was covered by a valid insurance policy, the third respondent insurer was held liable to indemnify the second respondent owner. Under different heads, the Tribunal awarded a total compensation of Rs. 65,000/- and directed the third respondent insurer to deposit the said amount before the Tribunal together with interest at the rate of 7.5% per annum from the date of the petition till realisation.