LAWS(KER)-2018-2-428

SAKULHAMEED Vs. DAVIS P.L.

Decided On February 21, 2018
Sakulhameed Appellant
V/S
Davis P.L. Respondents

JUDGEMENT

(1.) The appellants are the petitioners in O.P.(MV) No.1410 of 2011 on the files of the Motor Accidents Claims Tribunal, (hereinafter referred to as 'the Tribunal'), Palakkad and the above Original Petition was filed under section 166 of the Motor Vehicles Act, 1988, claiming compensation for the death of one 'Sahabudeen', the son of the 1st and 2nd petitioners. The 3rd petitioner is the sister of the said deceased Sahabudeen.

(2.) According to them, he met with an accident on 31.07.2011 and the accident was caused by the rash and negligent driving of the offending vehicle owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent.

(3.) The Insurance Company opposed the said application, disputing the quantum of compensation claimed under various heads and cause of accident; but admitted the insurance coverage of the vehicle under the policy issued by them to the 1st respondent. After considering the evidence on record, the Tribunal passed impugned award granting Rs. 5,05,000/-, as compensation to the petitioners. The inadequacy of the quantum of compensation determined under various heads of claim are challenged in this appeal.