KUNJANDY L. AND OTHERS Vs. RAJENDRAN AND OTHERS

JUDGEMENT

(1.) The appellant is the claimant in O.P. (MV) No. 408 of 2005 on the file of the Motor Accidents Claims Tribunal, Punalur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Jiju K., son of appellants 1 and 2 and brother of appellants 3 and 4 in a motor accident, which occurred on 20.02.2005, while he was riding a motorcycle. At the place of accident, the motorcycle was hit by a bus bearing registration No. KL-01/P-4716, owned by the 1 respondent, driven by the 3 respondent and insured with the 2 respondent. In the accident, he sustained fatal injuries, who succumbed to injuries on the date of accident itself. Alleging that the accident occurred due to the rash and negligent driving of the bus by the 3 respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs. 10,00,000/- under various heads.

(2.) Before the Tribunal, respondents 1 and 3 were absent and they were set ex-parte. The 2 respondent insurer filed written statement and additional statement admitting the insurance coverage of the offending vehicle, however, denying the negligence alleged against the 3 respondent driver. The insurer alleged negligence against the deceased. It was also contended that the amount of compensation claimed is exorbitant and that the claimants are not entitled to get any compensation.

(3.) Before the Tribunal, Exts.A1 to A8 were marked on the side of the appellants. Both sides have not chosen to adduce any oral evidence.