K.K.VIJAYAN Vs. NISHAD

JUDGEMENT

(1.) M.A.C.A.Nos.531 of 2015 and 1677 of 2015 arise out of an award passed by the Additional Motor Accidents Claims Tribunal - II, Thodupuzha in O.P.(MV) No.354 of 2012, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the appellants in O.P. (MV) No.1677 of 2015, claiming compensation on account of the death of one Raveendran in a motor accident which occurred on 04.03.2011, while he was riding a motorcycle bearing registration No.KL-6/B-1492. The appellants in M.A.C.A.No.1677 of 2015 are son, widow and daughter respectively of the deceased. At the place of accident, the said motorcycle was hit by another motorcycle bearing registration No.KL- 07/AG-9406 owned by the appellant in M.A.C.A.No.531 of 2015 and ridden by the 4th respondent therein. As a result of the accident, the deceased sustained fatal injuries, who succumbed to injuries later. Alleging that the accident occurred due to the rash and negligent riding of the offending motorcycle by its rider, claim petition was filed before the Tribunal claiming a total compensation of Rs.13 lakhs under various heads.

(2.) The Tribunal, by the impugned award dated 13.10.2014, awarded a total compensation of Rs.7,13,000/- to the claimants, together with interest at the rate of 9% per annum from the date of petition till the date of realisation with proportionate cost. Since the rider of the offending motorcycle was not having a valid driving licence, the insurer was permitted to recover the amount of compensation paid to the claimants by proceeding against the registered owner of that motorcycle.

(3.) Challenging the award passed by the Tribunal to the extent of granting recovery right, the registered owner of the offending motorcycle, who was the 2nd respondent before the Tribunal, filed M.A.C.A No.531 of 2015. The claimants have filed M.A.C.A No.1677 of 2015 claiming enhancement of the compensation already awarded by the Tribunal.