NATIONAL INSURANCE CO. LTD. Vs. JOHN THOMAS

JUDGEMENT

(1.) These appeals are filed by the 3rd respondent insurance company and the claim petitioners challenging the quantum of compensation fixed by the Tribunal as per award dtd. 18/9/2018 in O.P.(MV) No. 921 of 2013 on the file of the Motor Accident Claims Tribunal, Pathanamthitta.

(2.) The petitioners are the legal heirs of Smt. Shiby Abraham, who died in a motor vehicle accident. According to the petitioners, on 9/5/2013, while the deceased was travelling as pillion rider in a motorcycle ridden by her father Abraham, lorry driven by the 1st respondent in a rash and negligent manner caused to hit the motorcycle and thereby, the rider and the pillion rider fell own and sustained serious injuries and subsequently, succumbed to their injuries. The 2nd respondent is the owner of the offending vehicle and 3rd respondent is the insurer.

(3.) The Tribunal jointly considered O.P.(MV) Nos. 920 and 921 of 2013 and from the side of the petitioners, PW1 examined and Exhibits A1 to A38 were marked and no evidence adduced from the side of the respondents.