REGENT COMPUTRONICS PVT. LTD.

Gopinathan A. Appellant

V/S

Afzal Basha Respondents

Referred Judgements :-

MAGMA GENERAL INSURANCE CO. LTD. V. NANU RAM @ CHUHRU RAM [REFERRED TO]
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. SUSAMMA THOMAS MRS [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. TRILOKCHANDRA [REFERRED TO]
LATA WADHWA VS. STATE OF BIHAR [REFERRED TO]
NAGAPPA VS. GURUDAYAL SINGH [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. CHARLIE [REFERRED TO]
STATE OF U P VS. NEERAJ AWASTHI [REFERRED TO]
INDIAN BANK VS. ABS MARINE PRODUCTS PVT LTD [REFERRED TO]
RAM PRAVESH SINGH VS. STATE OF BIHAR [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. MOHD NASIR [REFERRED TO]
NINGAMMA VS. UNITED INDIA INSURANCE CO LTD [REFERRED TO]
ARUN KUMAR AGARWAL VS. NATIONAL INSURANCE COMPANY [REFERRED TO]
SRI RAMACHANDRAPPA VS. MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED [REFERRED TO]
SANTOSH DEVI VS. NATIONAL INSURANCE CO LTD [REFERRED TO]
KRISHNADAS VS. HENRY JOSEPH [REFERRED TO]
RESHMA KUMARI VS. MADAN MOHAN [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]
SYED SADIQ VS. DIVISIONAL MANAGER, UNITED INDIA INS. CO. [REFERRED TO]
STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]
JITENDRA KHIMSHANKAR TRIVEDI AND ORS. VS. KASAM DAUD KUMBHAR AND ORS. [REFERRED TO]
MUNNA LAL JAIN AND ORS. VS. VIPIN KUMAR SHARMA AND ORS. [REFERRED TO]
JYNI VS. RAPHEL.P.T [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]
SURESHCHANDRA BAGMAL DOSHI & ANR. VS. NEW INDIA ASSURANCE COMPANY LIMITED & ORS. [REFERRED TO]
SANTOSH DEVI AND ORS VS. MAHAVEER SINGH AND ORS [REFERRED TO]

JUDGEMENT

(1.) The appellants are the claimants in O.P.(MV)No.570 of 2005 on the file of the Motor Accidents Claims Tribunal, Ernakulam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Vasantha, wife of the 1st appellant and mother of appellants 2 and 3, in a motor accident which occurred on 10.10.2004, while she was travelling on a scooter bearing registration No.KL-7/A-7804 ridden by her husband, the 1st appellant herein. At the place of accident, the scooter was hit by a lorry bearing registration No. TN-33/E-2799, owned and driven by the 1st respondent and insured with the 2nd respondent. In the accident, she sustained fatal injuries, who succumbed to the injuries on the way to hospital. Alleging that the accident occurred due to rash and negligent driving of the lorry by the 1st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.5,74,000/- under various heads, which was limited to Rs.5,00,000/- for the purpose of payment of Court Fee.

(2.) Before the Tribunal, the 1st respondent owner-cum-driver of the lorry remained absent and he was set ex parte. The 2nd respondent insurer filed written statement admitting the policy coverage of the lorry involved in the accident; however, denying negligence alleged against the 1st respondent driver. The insurer contended that the accident occurred due to the rash and negligent riding of the scooter by the 1st claimant. The insurer contended further that the compensation claimed is highly excessive.

(3.) Before the Tribunal, Exts.A1 to A9 were marked on the side of the claimants and the 1st claimant was examined as PW1. The respondents have not chosen to adduce any oral or documentary evidence.

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GOPINATHAN A. Vs. AFZAL BASHA

Referred Judgements :-

JUDGEMENT

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