NATIONAL INSURANCE COMPANY LTD Vs. MADHUSOODHANAN PILLAI

JUDGEMENT

(1.) The 3rd respondent - insurer in O.P. (MV) No. 197 of 2016 of the Motor Accidents Claims Tribunal, Punalur is the appellant. The petitioners and respondents 4 and 5 in the claim petition are the respondents in the appeal. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The petitioners had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of Mahesh (deceased) - the son of the petitioners 1 and 2 and the brother of the 3rd petitioner. The petitioners have averred in the claim petition that, on 13/4/2016, while the deceased was riding a motorcycle bearing registration No.KL-02AT/1335 along the Kollam-Schencottah National Highway, a private bus bearing Reg.No. KL-16 H/2223 (Bus), driven by the 2nd respondent in a negligent manner and on the wrong side, hit the motorcycle. The deceased sustained fatal injuries and lost his life instantaneously. The 1st respondent was the owner and the 3rd respondent was the insurer of the bus. The deceased was an Electrical and Electronic Engineer and was an aspirant to the post of Assistant Engineer in the Kerala State Electricity Board. He would have drawn a monthly salary of Rs.30,000.00. The petitioners were dependant on the deceased. Accordingly, the petitioners claimed a compensation of Rs.75,00,000.00 from the respondents.

(3.) The respondents 1 and 2 did not contest the proceeding and were set ex parte. The 3rd respondent had filed a written statement, inter alia, refuting the allegations in the claim petition and contending that the accident occurred due to the negligence of the deceased, and at any rate, the deceased was guilty for contributory negligence. The 3rd respondent also disputed the age, income and occupation of the deceased. The 3rd respondent prayed for complete exoneration of its liability.