ORIENTAL INSURANCE COMPANY LIMITED Vs. M. G. AJAYAKUMAR

JUDGEMENT

(1.) The 3rd respondent in OP(MV).No.324/2013 on the file of the Motor Accidents Claims Tribunal, Thodupuzha is the appellant. The above OP was filed by the siblings and the children of a deceased sibling of one Manoj who died in a motor accident that occurred on 19/2/2013. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

(2.) According to the petitioners on 19/2/2013 at about 1.45 a.m while the deceased Manoj was riding a motorcycle along the Thodupuzha - Muvattupuzha road, a lorry bearing registration No.KL 7E-5271 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle and as a result of which he fell down, sustained serious injuries and succumbed to the injuries on the same day.

(3.) The 2nd respondent was the owner and 3rd respondent is the insurer of the offending lorry. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.32,00,000.00