NATIONAL INSURANCE COMPANY LIMITED Vs. NOUSHAD

JUDGEMENT

(1.) The appellant is the 3rd respondent-Insurance Company in OP(MV).No.38/2004 on the file of the Motor Accident Claims Tribunal, Attingal. The petitioners in the above claim petition are the respondents in the appeal. As the appellant admitted the insurance policy, the owner and driver of the offending vehicle have not been impleaded as the respondents in the appeal. The parties are, for the sake of convenience, referred to as per their litigate status in the claim petition.

(2.) The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of the son of the petitioners 1 and 2 and the brother of the 3rd petitioner.

(3.) The case of the petitioners was that on 6.10.2003, while the petitioners and their son Anas were travelling in an autorickshaw bearing registration No.KL 01/U 5980 on the Kadakkavoor- Varkala Public Road, when the vehicle reached Ayanthi Puthiya Palam, the bus driven by the 2nd respondent, in a rash and negligent manner, hit the autorickshaw. The deceased succumbed to the fatal injuries on the spot. In the said circumstances, the petitioners filed the claim petition, seeking compensation of Rs.6,66,500/-, which was limited to Rs.6,00,000/-.