NEW INDIA ASSURANCE COMPANY LIMITED Vs. XAVIER

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the second respondent/insurer in O.P.(MV) No.464/2009 filed under Sec. 163A of the Act on the file of the Motor Accidents Claims Tribunal, Thrissur. Respondents 1 to 4 herein are the claimants in the petition and the fifth respondent herein is the first respondent/owner of the vehicle driven by the deceased.

(2.) The claimants are the parents and siblings of one Joby. According to the claimants, on 13/04/2008 at 08:45 a.m., Joby was riding motorcycle bearing registration no.KL-01/AG-7391 through the Ernakulam-Thrissur National Highway and when he reached the place by name Karayamparambu, a lorry knocked him down, as a result of which he sustained grievous injuries, to which he succumbed on 15/04/2008.

(3.) The first respondent/owner of the motorcycle ridden by the deceased remained ex parte.