THOMAS Vs. ARUNRAJ

JUDGEMENT

(1.) This appeal has been filed against the award passed in O.P.M.V No.372/2010 on the file of Motor Accidents Claims Tribunal, Ottappalam (in short 'Tribunal'). The claim petition has been filed under Sec. 166 of Motor Vehicles Act, 1988 (In short the Act) out of the death of Mary, the mother of the appellants in a motor accident occurred on 3/4/2010 at about 4.30 pm at Enamakkal due to hit by a motor cycle bearing Registration No.KL-46 4395 driven by 1st respondent. It is alleged that the accident happened due to the rash and negligent riding of the motor cycle by the 1st respondent. Immediately she was taken to West Fort Hospital, Thrissur, while undergoing treatment she succumbed to the injuries on 6/6/2010. 1St respondent is the registered owner cum rider of the motor cycle and 2nd respondent is the insurer. A total compensation of Rs.4,00,000.00 has been claimed.

(2.) Before the Tribunal, 2nd respondent filed written statement denying the rashness and negligence attributed against the rider of the motor cycle. Policy coverage with respect to the offending vehicle is admitted.

(3.) Exts. A1 to A12 marked from the side of the appellants. There is no oral evidence from either side. On evaluating the pleadings as well as documents, Tribunal found that 1st respondent is responsible for the accident and hence, 2nd respondent is held liable to indemnify the insured. A total compensation of Rs.1,10,800.00 has been awarded by the Tribunal with interest at 7% per annum.