NATIONAL INSURANCE CO. LTD Vs. V.K. KURIAKOSE

JUDGEMENT

(1.) THIS appeal is filed by the second respondent/Insurance Company in O.P.(MV) No.1727 of 2007 on the file of the Motor Accidents Claims Tribunal, Kottayam.

(2.) THE case of the petitioners in the O.P.(MV) is briefly as follows : The first petitioner is the father aged 56 years, second petitioner is the mother aged 48 years and the third petitioner is the sister aged 21 years of deceased Rejo Kuriakose, who died in a motor accident which took place on 8.10.2007. On 8.10.2007 at 9 a.m. the deceased was riding the motorcycle bearing registration No.KL -5/N 3985 along NH -220 (K.K.Road) from east to west in a moderate speed with due care and caution and when he reached at Kanjikuzhy, the lorry bearing registration No.KEK 789 driven by the first respondent along the said road from west to east in a rash and negligent manner and in excessive speed, hit on the motorcycle and the rider Rejo Kuriakose fell down from the motorcycle and he sustained grievous injuries. The injured was immediately taken to the Medical College Hospital, Kottayam, but he succumbed to the injuries on the way to the hospital. The accident was due to the rash and negligent driving of the lorry by the first respondent, who was the owner -cum -driver. The second respondent was the insurer of the lorry. The petitioners claimed Rs.20,00,000/ - as compensation.

(3.) BEFORE the Tribunal, PW1 was examined and Exts.A1 to A24 were marked. No evidence was adduced from the side of the respondents. The Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the first respondent and awarded a compensation of Rs.17,27,188/ - to the petitioners together with interest at the rate of 7.5% per annum from 27.11.2007 till the date of realization from the respondents and the second respondent was directed to deposit the amount as the insurer. Against the said award, the second respondent/Insurance Company filed this appeal.