GEORGEKUTTY Vs. GIBU CHERIAN

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV) No. 39 of 2003 on the file of the Additional Motor Accidents Claims Tribunal, Pathanamthitta, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Johnson George, son of appellants 1 and 2, and brother of the 3rd appellant, in a motor accident which occurred on 25.07.2002, while he was travelling as a pillion rider on a motorcycle bearing registration No. KL-3/E-4564, ridden by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent insurer. While the 1st respondent rider was attempting to overtake an autorickshaw, he applied sudden break on seeing a bus coming from the opposite direction. The deceased was thrown out of the motorcycle, who was ran over by a bus bearing registration No. KL-8/A-4567 driven by the 4th respondent, owned by the 5th respondent and insured with the 6th respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries at the place of accident itself. Alleging that the accident occurred due to rash and negligent driving of the motorcycle by the 1st respondent rider and the bus by the 4th respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 8,00,000/- under various heads.

(2.) Before the Tribunal, the 1st and 2nd respondents filed written statement admitting the accident; however, denying negligence alleged against the 1st respondent rider of the motorcycle. They contended that the amount of compensation claimed is highly exorbitant.

(3.) The 3rd respondent insurer of the motorcycle filed written statement admitting policy coverage of the said vehicle involved in the accident; however, denying negligence alleged against the 1st respondent rider. The insurer contended that the accident occurred due to the rash and negligent driving of bus by the 4th respondent driver. The insurer contended further that the compensation claimed is highly excessive.