BERNAD Vs. ELSY JOSE

JUDGEMENT

(1.) The petitioners in OP(MV) No.934/2002 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda are in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 15.03.2008.

(2.) An accident occurred on 16.04.2002 at Kandarampady on the North Paravur - Varapuzha public road, involving motorcycle No.KL-08S-7859. The appellants are lelgal heirs of the pillion rider of the motorcycle. The pillion rider died in the accident. The rider of the motorcycle filed OP(MV) No.932/2002 under Section 163A of the Motor Vehicles Act, 1988. The appellants-legal heirs of the pillion rider, filed OP(MV) No.934/2002 under Section 166 of the Act.

(3.) The insurance company alone contested the claim. The other respondents remained ex parte. The insurance company alleged that the accident occurred due to the negligence on the part of the petitioner in OP(MV) No.932/2002 himself, who was the rider of the motorcycle.