EBRAHIM P.P. Vs. TOMY KURUVILLA

JUDGEMENT

(1.) This appeal has been preferred by the parents of the deceased, who were the claimants before the Tribunal. In the course of the proceedings before this Court, the original 1st appellant, who was the father of the deceased, took his last breath; pursuant to which all the legal heirs have been brought in the party array as additional appellants vide order dated 28. 02. 2017 passed by this Court in I. A. No. 4154 of 2016.

(2.) With regard to the facts involved, the deceased was standing on the side of the road on 30. 10. 2008 and while so, at about 9. 15 p. m. , a Maruti Alto car bearing registration No. KL-27-7320, driven, owned, and insured by the respondents 1 to 3 respectively, came in a rash and negligent manner knocked him down causing fatal injuries. Because of the gravity of the injuries, he succumbed to the same shortly thereafter ie. , by about 10. 10 p. m. on the same day. This led to the petition filed before the Tribunal claiming compensation under different heads.

(3.) The 1st and 2nd respondents i. e. , the driver and owner of the vehicle did not contest the matter and they were set ex parte. Though a written statement was filed by the Insurer, the challenge was mainly with reference to the negligence and quantum. The existence of a valid policy was conceded by the Insurer.