NATIONAL INSURANCE CO. LTD Vs. LATHA DEVI N

JUDGEMENT

(1.) As the appeals arise out of the same award in OP (MV) No.2382/2003 on the file of the Additional Motor Accidents Claims Tribunal, Thrissur, they have been disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per their status before the Tribunal.

(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 Sri.K.Raja Narayanan (deceased) - the husband of the first petitioner, the father of the second petitioner and the son of the third petitioner. It was their case that, on 12/6/2003, while the deceased was riding his motorcycle bearing registration No.KL-7/AA 4726 through the Calicut-Kondotti public road, a bus bearing registration No.KL-10/C 9727, driven by the second respondent in a rash and negligent manner, hit the motorcycle of the deceased. The deceased sustained fatal injures and lost his life instantaneously. The bus was owned by the first respondent and insured with the third respondent. The deceased was a Sub Inspector in the Central Industrial Security Force, Calicut Airport and was drawing a monthly income of Rs.9,355.00. The petitioners were the dependents of the deceased. Hence, they claimed a compensation of Rs.20,18,000.00 from the respondents, which claim was limited to Rs.18,00,000.00.

(3.) The respondents 1 and 2 did not contest the proceeding and were set ex parte.