REEJA IGNESIOUS AND OTHERS Vs. MOHAMMADALI AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal-Manjeri, dated 25.6.2011 in O.P.(MV) No. 1189 of 2006, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the appellants/claimants, who are the widow and minor children of one Ignacious, who died in a motor accident that occurred on 23.6.2006 while he was riding a motor cycle. At the place of accident, the motor cycle hit on the back of a stage carriage bearing registration No. KL-10/Q-7132 driven and owned by respondents 1 and 2 respectively and insured with the 3rd respondent. In the accident, the deceased sustained fatal injuries, who succumbed to the injuries after undergoing inpatient treatment for a period of 6 days. Alleging that the accident occurred when the 1st respondent driver of the stage carriage abruptly applied brake, in a rash and negligent manner, claim petition was filed before the Tribunal claiming a total compensation of Rs. 8,55,000/- under different heads.

(2.) Before the Tribunal, Exts. A1 to A11(a) were marked on the side of the appellants/claimants and the 1st appellant/1st claimant was examined as PW-1. 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 deceased contributed 25% to the cause of the accident and the remaining 75% is the contribution of the first respondent driver of the offending bus. Under different heads, the Tribunal awarded a total compensation of Rs. 6,03,889/- and held that, the appellants/claimants are entitled for 75% of the said amount i.e., Rs. 4,52,917/- with 9% interest from the date of petition till realisation with a cost of Rs. 500/-. The Tribunal has also apportioned the compensation among the appellants/claimants, as per which, the first appellant widow is granted Rs. 1,57,639/- and the 2nd and 3rd appellants children Rs. 1,47,639/- each.