NEW INDIA ASSURANCE CO. LTD. Vs. ARCHANA RADHAKRISHNAN

JUDGEMENT

(1.) The appellant ? Insurer ? was the 3rd respondent in O.P(MV) No.1326/2018 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The respondents in the appeal were the claimants before the Tribunal.

(2.) The respondents had filed the claim petition under Section 166 of the Motor Vehicles Act,1988, claiming compensation on account of the death of Radhakrishnan (deceased) the husband of the 1st respondent, the father of the respondents 2 and 3 and the son of the 4th respondent. They had averred in the claim petition that, on 28.4.2018 while the deceased was riding a motor cycle bearing Reg.No.KL-13-H-8607 from Thalayad to Kakkayam, a bus bearing Reg.No.KL-56-N8906 (offending vehicle) driven in a rash and negligent manner, hit the motorcycle of the deceased. The deceased succumbed to the injuries on the spot. The deceased was a Civil Police Officer in the City Traffic Police Station, Kozhikode and drawing a monthly salary of Rs.41,484/-. The respondents were dependents of the deceased and were entitled for compensation from the owner, driver and insurer of the offending vehicle.

(3.) The owner and driver of the offending vehicle (respondents 1 and 2 before the Tribunal) did not contest the proceedings and were set ex parte. The appellant filed a written statement admitting that the offending vehicle had a valid insurance policy. Nonetheless, it was contended that the respondents were put to strict proof to prove the salary of the deceased; that the compensation claimed was excessive and that the accident occurred due to the negligence of the deceased. Hence it was prayed that the claim petition be dismissed.