SONYLAL N.T Vs. AJAYAN

JUDGEMENT

(1.) THIS appeal is filed by the appellant in O.P.(M.V.) No.1094 of 2009 on the file of M.A.C.T., Ernakulam, which was filed for compensation for the death of his mother, N.K.Madhavi @ Ammini in a motor accident which occurred on 17.1.2009.

(2.) THE case of the appellant is briefly as follows. On 17.1.2009, while N.K.Madhavi was standing on the eastern side of Mulanthuruthy - Kanjiramattom road, a tanker lorry driven by the 2nd respondent in a rash and negligent manner came from north- south direction and dashed against other vehicle from opposite side and went off its side and knocked down her. In the accident, she sustained serious injuries and on the way to the hospital, she succumbed to the injuries. The accident was due to the rash and negligent driving of the 2nd respondent. First respondent was the owner and third respondent was the insurer of the offending vehicle. The appellant is the only son of deceased Madhavi. The appellant claimed Rs.4,00,000.00 as compensation. Respondents 1 and 2 remained exparte. Third respondent filed written statement admitting the insurance coverage of the offending vehicle but dishonouring the liability under various grounds.

(3.) HEARD learned counsel for the appellant and learned counsel for the Insurance Company.