RAJAN PILLAI Vs. GOPALAKRISHNAN NAIR, S/O. SANKARAN

JUDGEMENT

(1.) The appellants are the petitioners in O.P.(MV) No.887 of 2012 of the Motor Accidents Claims Tribunal(hereinafter referred to as 'the Tribunal'), Kollam. They are the father, mother and brother of deceased Akhil Raj, who died in a road traffic accident. According to them, while the deceased Akhil Raj was travelling in the offending bus, the 2nd respondent, who was the Driver of the bus, had driven the vehicle in a rash and negligent manner and he abruptly applied brake of the vehicle and thereby the deceased Akhil Raj was thrown out of the bus, sustained serious head injuries and succumbed to the injuries. Thus, the accident was caused by the rash and negligent driving of the offending bus by the 2nd respondent.

(2.) The 4th respondent Insurance Company disputed the claim and cause of accident; but admitted the coverage of the insurance policy. However, after considering the evidence on record, the Tribunal found that the accident was caused by the rash and negligent driving of the bus, by the 2nd respondent and thereby the 1st respondent was liable to pay compensation to the appellants and the 4th respondent is liable to indemnify the 1st and 2nd respondents by paying compensation to the appellants. Though, the appellants claimed Rs. 10,00,000/- as compensation, the Tribunal passed the impugned award granting Rs. 3,82,000/- as compensation. The inadequacy and correctness of the quantum of compensation determined under various heads of claim, are challenged in this appeal.

(3.) Heard the learned counsel for the appellants and the learned Standing Counsel for the 4th respondent Insurance Company.