ORIENTAL INSURANCE CO LTD Vs. FABIN

JUDGEMENT

(1.) The Oriental Insurance Company Limited, the 3rd respondent in O.P.(MV) No. 794 of 2006, on the files of the Motor Accidents Claims Tribunal,(hereinafter referred to as 'the Tribunal'), North Paravur, filed this appeal challenging the quantum of compensation determined under various heads in the impugned award passed by the said Tribunal. Parties are referred to as in the Original Petition.

(2.) The petitioners, who are the legal representatives of the deceased Jessy filed the above O.P.(MV) under section 166 of the Motor Vehicles Act, 1988, claiming compensation for the loss suffered by them, by the death of the deceased. The petitioners claimed that they are the dependants of deceased 'Jessy' and 'Jessy' was a Higher Secondary School Teacher. At the time of her death, she was aged 31 years. On 07.08.2006, at about 3 pm, while Smt. Jessy was walking through the western side of Aluva-Ernakulam road, the offending car driven by the 2nd respondent in a rash and negligent manner hit her, causing very serious injuries to her. Though, immediately she was taken to the nearest hospital, she succumbed to the injuries on the very same day itself. Thus, the death of Jessy resulted from the accident arose out of the use of the offending vehicle owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. After considering the contentions raised by the 3rd respondent in the counter statement, the Tribunal passed the impugned award granting a compensation of Rs. 29,91,300/- to the petitioners. This appeal is filed on the ground that the compensation granted under various heads of claim is exorbitant and unjust.

(3.) This appeal is filed on the following grounds: