NATIONAL INSURANCE COMPANY LTD. Vs. SALY VARGHESE

JUDGEMENT

(1.) The appellant was the 3rd respondent in OP(MV) No.1680/2017 on the file of the Motor Accidents Claims Tribunal-III Pathanamthitta. The respondents in the appeal are the petitioners 1 and 2 and respondents 1 and 2 in the claim petition.

(2.) The respondents 1 and 2 had filed claim petition under section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of Abhilash Varghese (deceased), son of the 1st respondent and the brother of the 2nd respondent, inter-alia, stating that on 11.09.2017 while the deceased was driving a car bearing registration No.KL-03 Z-9194 from Mallasseri to Kozhencherry, a bus bearing registration No.KL-23-A-1060 (offending vehicle) driven by the 3rd respondent in a rash and negligent manner hit the car of the deceased. The deceased succumbed to the injuries on the same day. The offending vehicle was owned by the 4th respondent and insured with the appellant. The deceased was 23 years of age at the time of accident. He was an Aeronautical Engineering Graduate and passed his graduation in 2015. He was a bright student. At the time of accident, the deceased was working as a Sales Executive with TVS Mahindra & Mahindra and was earning a monthly income of Rs.30,000/-. The respondents 1 and 2 contended that the appellant and respondents 3 and 4 were jointly and severely liable to pay compensation to them.

(3.) The respondents 4 and 5 did not contest the proceedings and were set ex-parte.