N. RADHAKRISHNAN Vs. AJITHKUMAR N. S.

JUDGEMENT

(1.) The legal representatives of one Lathika T.C., who died in the motor accident on 19/12/2012 have come up before this Court with the present appeal. During the pendency of the appeal, the 1st and 4th appellants died. Hence, IA No.1 of 2024 has been filed for impleading the legal heirs which was allowed.

(2.) The short facts for disposal of the appeal are as under:

(3.) The 3rd respondent is the insurance company of the offending vehicle. The respondents 1 and 2 were set ex parte. The 3rd respondent filed a written statement contending among others that the insured neither reported the accident nor produced any documents related to the vehicle for verification. The negligence was on the part of the rider of the scooter on which the deceased was the pillion rider. The other contentions regarding the age, occupation and income of the deceased were also disputed. On behalf of the claimants, Exts.A1 to A12 were marked. The 3rd respondent has not produced any evidence. On the basis of the pleadings and evidence on record, the tribunal framed the following issues: