MALINI MURLIDHARAN NAIR Vs. GEETHA TRANSPORT CO

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree or award dated 27. 11. 1993 in MVC No. 551 of 1986 by the Motor Accidents Claims tribunal No. 3, Mangalore, whereby the tribunal has dismissed the petitioner's claim petition on the ground that it is not maintainable.

(2.) THE facts of the case in nutshell are that a motor accident did take place on 16. 4. 1986 at about 3. 15 p. m. on National highway No. 17 near Katapady while the deceased, namely, husband of the claimant (K. G. Muralidharan Nair) was riding on motor cycle bearing No. GDG 9493 and bus bearing registration No. MRL 4676, according to the claimant's case, which was being driven in a rash and negligent manner came and collided with the motor cycle. According to the claimant, K. G. Muralidharan Nair died on account of the accident. The claimant-appellant claimed a sum of Rs. 6,50,000 as compensation.

(3.) AGAINST respondent Nos. 1 and 3, the case remained ex pane and it was contested by the insurance company, respondent no. 2 before the Tribunal. A technical plea was, no doubt, raised that the claimants not having signed, verified or filed the application, instead it appears to have been got signed by Mr. P. J. Karkera, Advocate/ power of Attorney Holder and filed by him, was liable to be dismissed in limine as the Power of Attorney Holder could not either sign, verify or present the application. The respondent No. 2 also disputed the allegation that the accident did take place on account of rash and negligent driving of the bus by bus driver. The respondent No. 2 contended that the accident was due to negligent act of K. G. Muralidharan Nair, the deceased.