MAYA SANTHOSH Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The petitioners in OP(MV) No.268/2016 on the files of the Motor Accidents Claims Tribunal, Taliparamba are in appeal invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 26.07.2016.

(2.) The appellants as petitioners stated before the Tribunal that the husband of the 1st appellant and father of the 2nd appellant-daughter, Santhosh Chacko, was travelling in a motorcycle bearing registration No.KA-19U-2152. When the motorcycle reached Ujaire, a Mini lorry bearing registration No.KL-13L-9042 driven by the 2 nd respondent in the OP(MV) in a rash and negligent manner hit the motorcycle of Santhosh Chacko. Santhosh Chacko fell down and sustained grievous injuries. Though he was taken to hospital, he succumbed to injuries on 15.06.2006. The appellants stated that deceased Santhosh Chacko was an Agriculturist having a monthly income of Rs. 20,000/-. The deceased was only 36 years of old at the time of the accident. The appellants therefore claimed Rs. 25,00,000/- towards compensation.

(3.) The 1st respondent-owner of the Mini lorry remained ex parte. The 2nd respondent-driver and 3rd respondent-insurer appeared in the OP(MV). However, the 3rd respondent alone filed written statement. In written statement, the 3rd respondent-insurer admitted the insurance coverage. Since the 2nd respondent-driver did not produce vehicular documents and driving licence, the 3 rd respondent- insurer denied validity of those documents. The insurer denied the allegation that accident occurred due to the rash driving of the 2nd respondent-driver. The age, occupation and income of the deceased were denied by the insurer.