LAWS(KER)-2024-1-161

MANNUTTY Vs. PRABHAKARAN

Decided On January 24, 2024
Mannutty Appellant
V/S
PRABHAKARAN Respondents

JUDGEMENT

(1.) Both these appeals are arising from OP(MAC) 424/2011 on the files of Motor Accident Claims Tribunal, Tirur. The said claim petition was submitted by the claimants who are the appellants in MACA No.2534/2012, seeking compensation for the death of one Naveed due to the injuries sustained in a motor accident that occurred on 25/02/2010.

(2.) The 1st and 2nd appellants are the parents of the deceased, whereas the other appellants are his siblings. According to the appellants/claimants,the accident occurred when the motor cycle ridden by the deceased was hit by goods Auto Rickshaw. As a result of the same, he sustained serious injuries and he was taken to Santhi Hospital and from there to Amala Hospital, Thrissur. While undergoing treatment, he passed away. The deceased was aged 21 years at the time of the accident and he was employed as a Sales Executive at Born Marrow Event Management, Poonkunnam, Thrissur with a monthly income of Rs.6000.00. The claim petition was submitted in such circumstances for seeking compensation.

(3.) The 3rd respondent in the claim petition, the insurer of the said good auto rickshaw, filed a written statement admitting valid insurance coverage for the said vehicle. However, it was contented that the said goods auto rickshaw did not have a valid permit to ply through the public road, and hence a contention of violation of policy conditions was raised.