NEW INDIA ASSURANCE CO. LTD. Vs. GOPU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against an order dtd. 1/3/2019, passed by the High Court of Kerala in MACA No.627 of 2016, by which the compensation awarded to the claimants by the Motor Accidents Claims Tribunal, Alappuzha (for short, 'the Tribunal') was enhanced.

(3.) On 2/6/2000 at 3.00 P.M., the deceased was riding pillion on a motorcycle being driven by one V.G. Shibu, 1st respondent before the Tribunal. Near the Avalookunnu Post office, respondent No.1 applied sudden brake to save a cyclist and the deceased fell and was injured. Ultimately, the deceased succumbed to her injuries on 7/6/2000 at the Medical College Hospital. It is alleged that the accident was due to the rash and negligent driving by the bike driver. The owner and driver were ex-parte in the Tribunal.