MARYKUTTY KURIAN Vs. BABU JOSEPH

JUDGEMENT

(1.) The claimants in OP(MV) No.240 of 2011 on the file of Motor Accidents Claims Tribunal, Kottayam, are the appellants herein, aggrieved by the dismissal of their claim for compensation on the death of Mr.Alexander Kurian.

(2.) The case of the appellants could be summarised as follows: The 1st appellant is the mother and 2nd appellant is the wife of Mr.Alexander Kurian, who died in a road traffic accident occurred on 5/3/2010 at 12.30p.m. The deceased was riding his motorcycle through Kaduthuruthy-Arunoottimangalam road from west towards east and when he reached a place called Alary, KL05/N-2550 autorickshaw driven by the 1st respondent from east to west, in a rash and negligent manner, dashed against his motorcycle and he was thrown down and sustained fatal injuries. He was taken to Holy Ghost Mission Hospital, Muttuchira and from there to Matha Hospital, Thellakom. Since his condition was bad, he was referred to Medical College Hospital, Kottayam, but, on the way, he succumbed to the injuries. Mr.Alexander Kurian was aged only 36 and he was working as Sales Manager of M/s.Devon Curry Powder, drawing monthly salary of Rs.20,000.00. Due to his death, the appellants lost their breadwinner and hence they approached the Tribunal claiming compensation of Rs.15.00 lakh.

(3.) The 1st respondent was the owner cum driver of the autorickshaw and the 2nd respondent was the insurer. Both of them opposed the claim of the appellants and they filed separate written statements.