NOUSHAND S/O MAHAMMOOD HAJI Vs. MOOSA HAJI

JUDGEMENT

(1.) The appellants are the petitioners in O.P.(MV) No.249 of 2012 on the files of the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal'), Vatakara and the respondents are respondents therein. They are the legal representatives of the deceased Ayida Sherin, who died in a road traffic accident. The aforesaid Original Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the loss caused to them by the death of the deceased Ayida Sherin.

(2.) According to them, the deceased was aged 4 years only at the time of accident and they are suffering from heavy loss caused by the death of the said Ayida Sherin. As per the averments in the Original Petition, on 01.02.2017 at 1.30 pm, while the aforesaid Ayida Sherin was walking through the road, the offending vehicle driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent hit down her, causing serious injuries to her. Though, she was taken to the Government hospital and treated, eventually she succumbed to the injuries.

(3.) The respondents opposed the said application, disputing the cause of accident and quantum of compensation claimed under various heads. But, the 3rd respondent admitted the coverage of the insurance policy issued in favour of the 2nd respondent. After considering the evidence on record, the Tribunal passed the impugned award granting Rs.2,44,500/- to the appellants with 9% interest as compensation. The inadequacy and correctness of the quantum of compensation determined under various heads and rejection of the claim under the head 'love and affection', are assailed in this appeal.