NATIONAL INSURANCE CO.LTD. Vs. RAMANI

JUDGEMENT

(1.) These appeals are filed against the award in O.P.(MV) No.1223/2005 on the file of Motor Accidents Claims Tribunal, Thrissur. Claim petition has been filed by the appellants in M.A.C.A.No.1829/2013 under Sec. 166 of the Motor Vehicles Act out of death of Pauly A. Thottan due to a motor accident occurred on 1/12/2004 while he was getting into the bus bearing Reg.No.KL/8/8262 at Kizhakkumpattukara bus stop. It is alleged that the accident happened due to the rash and negligent driving of the second respondent. 1st respondent is the owner of the vehicle and third respondent is the insurer. A total compensation of Rs.23,40,000.00 was claimed which was limited to Rs.10,00,000.00.

(2.) M.A.C.A.No.1992/2013 has been filed by the third respondent/insurer against the award. Before the Tribunal, 1st and the second respondents remained ex parte. Third respondent filed written statement admitting the policy coverage with respect to the offending vehicle but the rashness and negligence alleged against the second respondent is denied. It is also contended that the death of the deceased was not the consequence of any injury sustained out of the accident since the death was after five months of the accident due to the earlier illness. PW1 was examined and Exts.A1 to A15 were marked from the side of the appellants/claimants in M.A.C.A.No.1829/2013 (hereinafter be referred as 'claimants'). RW1 was examined and Ext.B1 was marked from the side of the third respondent.

(3.) The Tribunal, on evaluating the evidence and other facts and circumstances, found that the accident happened due to the rash and negligent driving of the second respondent. The death of the deceased was caused as a result of injury sustained. Accordingly 3rd respondent was held liable to make good the loss sustained to the 1st respondent. A total compensation of Rs.12,13,000.00 was awarded.