RADHAMONY Vs. SUSEELA DEVI

JUDGEMENT

(1.) An award passed by Motor Accidents Claims Tribunal, Neyyattinkara (for short 'the Tribunal') on 18/9/2010 whereby the Original Petition, filed by one Mrs.Radhamony under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') claiming Rs.4,00,000.00 as compensation for the death of her husband Mr.Venugopalan Nair in a motor accident, was dismissed for want of evidence to substantiate involvement of a vehicle and negligence of its driver in driving it.

(2.) As per the pleadings of the petitioner in the Original Petition, Mr.Venugopalan Nair was walking along Kollemcode-Kaliyikkavila Public road, an Ambassador Car hit him down due to the rash and negligent driving by its driver. Due to the serious injuries sustained, Mr.Venugopalan Nair died on the spot. Crime No.263/1999 was registered by the Kollemcode police. Wife of the deceased preferred the Original Petition seeking Rs.4,00,000.00 as compensation from respondents 1 and 2 and additional respondent No.3 styled as the owner, the driver and the insurer of the Ambassador Car allegedly involved in the motor accident.

(3.) 1st and 2nd respondents remained ex parte. Additional 3rd respondent filed written statement and contended that the Original Petition is not maintainable against it. It is contended furthermore that the averments and allegations in the Original Petition are false and the compensation claimed is excessive and devoid of any basis.