SARASWATHI Vs. KISHORE

JUDGEMENT

(1.) This appeal is preferred against the award in O.P (MV) No.1729/2015 of the Principal Motor Accidents Claims Tribunal, Kozhikode by dependents of the deceased Vijaya Kumar. On 24.01.2015 at about 2.20 pm, while the deceased was riding a scooter KL-11-P-2412, another vehicle KL-11-AC-189 driven in a rash and negligent manner hit on the back side of the scooter, as a result the deceased fell down and sustained serious injuries. Subsequently, he succumbed to the injuries at Medical College Hospital, Kozhikode. The learned Tribunal awarded Rs. 5,15,000/- as compensation to dependents. Being aggrieved by that, dependents preferred this appeal.

(2.) There is no dispute with regard to the accident. The owner was set ex-parte and the driver of the vehicle contested the matter by filing a written statement. The insurer admitted the insurance of the vehicle, but he denied the accident. Even though he denied the accident, no evidence has been adduced by him to substantiate his contention in the written statement. The first claimant was examined as PW1 and her documents were marked as Exts.A1 to A19. Respondents did not adduce any evidence.

(3.) The learned counsel appearing for appellants contended that the deceased was aged 59 years at the time of accident and was conducting a Parallel College namely PSPM at Thaliroor, Calicut for the last 35 years. He was also conducting a stationery shop at Peruvayal Grama Panchayat and was a licensee of Milma Food Products. Appellants produced certain documents to prove the income, but those documents were not considered by the Tribunal.