PRERNA RANA Vs. CAPITHANS EXPORTING COMPANY

JUDGEMENT

(1.) The appellants are the petitioners in O.P.(M.V) No. 241/2002 on the files of the Additional Motor Accidents Claims Tribunal, Ernakulam. The said claim petition was submitted by them seeking compensation for the death of one Praveen Rana due to the injuries sustained in a motor accident that occurred on 26/10/2001. The 4th respondent herein was impleaded as one of the respondents, being the mother of the deceased. The 1st appellant was the wife, and the 2nd appellant was the daughter of the deceased.

(2.) According to the appellants, the accident occurred when the motorcycle ridden by the deceased through the NH47, was hit by a lorry bearing registration No.KL-2 H 6814, driven by the 2nd respondent. The said vehicle was owned by the 1st respondent and was insured with the 3rd respondent. Immediately thereafter, he was taken to the District Hospital, Kollam, but he succumbed to the injuries on the way to the hospital. According to the appellants, the deceased was working as a Lieutenant in the Indian Navy with a monthly income of Rs.19,345.00. The claim petition was submitted in such circumstances seeking a total compensation of Rs.35,00,000.00.

(3.) The 3rd respondent Insurance Company alone contested the matter by filing a written statement. They admitted the coverage of the policy but disputed the liability on various grounds. The negligence, as well as the quantum of compensation, was also disputed by them.