NATIONAL INSURANCE COMPANY LIMITED Vs. JOHN VARKEY

JUDGEMENT

(1.) Common facts govern M.A.C.A.No.1019 of 2013 and M.A.C.A.No.2249 of 2013, which are filed challenging the Award dtd. 18/3/2013 in O.P.(M.V.)No.476 of 2006 of the Motor Accident Claims Tribunal, Muvattupuzha (hereinafter referred to as the 'Tribunal'). Hence both M.A.C.As. are considered together.

(2.) Facts in brief from the O.P. (M.V.): On 1/6/2005, at around 7.45 p.m., one Sri.John Varkey while riding a motorcycle bearing registration No.KL-7/A-1928 through Perumbadavam-Anthiyal public road had a collision with a jeep, which was driven by the 2nd respondent in a rash and negligent manner. The jeep was being driven in excessive speed from opposite direction and it had hit against the motorcycle causing grievous injuries to Sri.John Varkey. He was taken to Medical College Hospital, Kolenchery, for immediate treatment and thereafter he underwent treatment at various hospitals before succumbing to death on 17/5/2006. The O.P.(M.V.) had been filed by Sri.John Varkey while he was alive and was undergoing treatment. The owner, driver and insurer of the jeep were respondents 1 to 3 in the O.P.(M.V). Subsequent to the death of Sri.John Varkey, petitioners 2 to 5 in the O.P.(M.V), who are his legal heirs, got impleaded.

(3.) Proceedings before the Tribunal: The 6th and 7th respondents viz., the owner and driver of the jeep respectively remained ex parte. The appellant Insurance Company filed a written statement disputing the accident and the quantum of compensation claimed. Issues were duly framed by the Tribunal. Exts.A1 to A17 were produced by the petitioners therein. Ext.B1 was marked by the appellant Insurance Company and X1 was marked through a witness. Claimants examined PW1 & PW2 from their side. No witnesses were examined from the side of the appellant Insurance Company.