J. GOPAKUMAR Vs. KAMALAMMA

JUDGEMENT

(1.) Among these appeals, M.A.C.A. No. 1029 of 2011 is by the claimants in a proceedings for compensation before the Motor Accidents Claims Tribunal and M.A.C.A. No. 2292 of 2013 is by the owner of the vehicle involved in the accident which is the subject matter of the said proceedings.

(2.) One Rajan died on 20.08.2005 on account of the injuries sustained by him in an accident took place on 19.08.2005 involving a motor cycle. The deceased was aged 56 years. He was a carpenter. The mother, wife and four children of the deceased initiated the proceedings for compensation before the Tribunal. They claimed a sum of Rs. 4,00,000/- by way of compensation. The owner and rider of the vehicle remained ex parte. The insurer of the vehicle contested the proceedings, contending that the rider of the vehicle had no licence to ride the vehicle and as such, they are not liable to indemnify the owner of the liability arising out of the accident. The Tribunal found that the claimants are entitled to a sum of Rs. 2,22,000/- by way of compensation. It also found that the rider of the vehicle had no licence. In the circumstances, the Tribunal passed an award permitting the claimants to recover the compensation determined as due to them from the owner of the vehicle. As noted, both the claimants as also the owner of the vehicle are aggrieved by the award passed by the Tribunal and hence these appeals.

(3.) Heard the learned counsel for the claimants, the learned counsel for the owner of the vehicle as also the learned counsel for the insurer of the vehicle.