NATIONAL INSURANCE COMPANY LIMITED Vs. DEVAKI AMMA

JUDGEMENT

(1.) This appeal is filed by the second respondent/Insurance Company in O.P.(MV) No.1188 of 2004 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta.

(2.) The case of the petitioners in the O.P.(MV) is briefly as follows : On 29.6.2004 at about 9.30 a.m., deceased Raman Nair, aged 70 years was walking through Pandalam - Chengannur public road. When he reached Manikandan Althara Junction, Pandalam, a motorcycle bearing Registration No.KL - 2/H 3756 driven by the first respondent in a rash and negligent manner hit against the deceased. Due to the impact of the hit, the deceased fell down on the road and he succumbed to the injuries. The accident happened due to the rash and negligent driving of the driver of the offending vehicle. The first respondent was the owner -cum -rider of the motorcycle and the second respondent was the insurer. The petitioners claimed Rs.5,00,000/ - as compensation. The first original petitioner was the widow of the deceased. During the pendency of the proceedings, she died and her daughter and son were impleaded as additional petitioners 2 and 3.

(3.) The first respondent remained ex parte. The second respondent filed written statement admitting the policy of the motorcycle and contended that the accident was due to the negligence of the deceased and that the compensation claimed is excessive.