MABLE, KODIVEEDU Vs. LENOY SEBASTIAN

JUDGEMENT

(1.) The appellant is the petitioner in O.P.(MV).No.395/2009 on the file of the Motor Accidents Claims Tribunal, Alappuzha. The said claim petition was submitted by the appellants seeking compensation for the death of one Thomas @ Thankachan due to the injuries sustained in a motor accident that occurred on 10/1/2009. The 1stappellant is the wife, the 2ndand 3rdappellants are the children, and the 4thand 5thappellants are the parents of the deceased.

(2.) The accident occurred when the autorickshaw in which the deceased was travelling along with his wife and son through the Alapuzha National Highway, a Scorpio vehicle bearing registration No.KL-4/X 6575 hit the said autorickshaw. Due to the injuries sustained in the accident, he was taken to Medical College Hospital, Alappuzha and thereafter taken to Medical Centre, Ernakulam. While undergoing treatment, he passed away on 18/1/2009. The deceased was aged 40 years at the time of the accident and was working as a Mason. The 1strespondent was the driver, the 2ndrespondent was the owner, and the 3rd respondent was the insurer of the Scorpio car. The monthly income claimed was Rs.6,000.00. The claim petition was submitted in such circumstances seeking a compensation of Rs.10,00,000.00.

(3.) The 1stand 2ndrespondents did not contest the matter. The 3rdrespondent filed a written statement admitting the coverage of the insurance policy over this Scorpio car. However, they disputed the liability on various grounds. The negligence and quantum of compensation claimed were also disputed.