P SUJATHA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 23.02.2015 in O.P.(M.V) No.195 of 2013 passed by the Motor Accidents Claims Tribunal, Tirur. The petitioners, who are the legal heirs of the victim of a motor vehicle accident that occurred on 24.09.2012, filed O.P.(M.V) No.195 of 2013, under Section 166 of the Motor Vehicles Act, 1988 seeking a compensation of Rs.19,15,000/-. As per the impugned award, the Tribunal granted a compensation of Rs.11,49,500/- with interest at the rate of 9% per annum from the date of petition till realisation. It is aggrieved by and dissatisfied with the quantum of compensation that the captioned appeal has been preferred.

(2.) A short narration of facts involved in the case is required for a proper disposal of the appeal. The victim, Sri.Ramakrishnan was riding his motor cycle bearing Registration No.KL 10-G3262 from Kakkad to Kottakkal through Kozhikode-Thrissur National Highway on 29.09.2012. At the place of occurrence, it was hit by a motor car bearing Registration No.KL-10-Y-6215 driven by the 2nd respondent. On sustaining injury, Ramakrishnan was immediately taken to Al-Shifa Hospital, Perinthalmanna and from there he was shifted to MIMS Hospital, Kottakkal. Later, he was treated at Baby Memorial Hospital, Kozhikode. Thus, he remained as an inpatient for a period of 48 days under different spells. In fact, it was while undergoing treatment that he succumbed to the injuries. It is in the said circumstances that the appellants, who are his legal heirs, filed the aforesaid claim petition.

(3.) Before the Tribunal on the side of the appellants, the Doctor who treated the deceased was examined as PW1 besides getting marked Exhibits A1 to A24. No evidence, either oral or documentary was adduced by the respondents. After appreciating the evidence on record as also the rival contentions, the impugned award was passed by the Tribunal as mentioned herein before.