SUDHA RAMANAN Vs. VINOD KUMAR T K

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Ernakulam dated 28.02.2015 in O.P.(M.V)No.1711 of 2013, an application filed by the appellants herein under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Ramanan, husband of the first appellant, father of appellants 2 and 3 and son of respondents 4 and 5, who died in a motor accident which occurred on 26.02.2012. On the date of accident, while the deceased was walking along the side of Tripunithura road he was hit by an Omni Van bearing Reg.No.KL-07/AM-4747 driven and owned by respondents 1 and 2 and insured with the third respondent. He succumbed to the injuries on 5.3.2012 while undergoing inpatient treatment. Claiming a total compensation of Rs. 20,00,000/- claim petition was filed before the Tribunal.

(2.) Before the Tribunal, Exts.A1 to A17 were marked on the side of the claimants. The alleged employer of the deceased was examined as PW1. The respondents have not chosen to adduce any oral or documentary evidence.

(3.) After considering the pleadings and materials on record, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of the Omni Van by the first respondent driver. Since the said vehicle was covered by a valid insurance policy at the time of accident, the third respondent insurer was held liable to indemnify the second respondent owner. Under different heads the Tribunal awarded a total compensation of Rs. 13,89,000/- and directed the third respondent insurer to deposit the said amount before the Tribunal together with interest at the rate of 8% per annum from the date of petition till realisation, with proportionate costs. The Tribunal directed apportionment of the amount of compensation equally between the appellants and respondents 4 and 5 herein. The Tribunal has also ordered that the compensation amount payable to appellants 2 and 3 who are minors, shall be deposited in a Nationalised Bank till they attain majority.