KAMARBAN BEEVI Vs. K.G. RADHAKRISHNAN

JUDGEMENT

(1.) THE petitioner in O.P. (M.V.) 804/79 before the M.A.C.T. Trivandrum, is the appellant.

(2.) HER application under Section 110(A) of the Motor Vehicles Act for compensation stands dismissed by the judgment under challenge. The accident occurred on 28.12.1977 on the Quilon-Trivandrum national highway at Vendor Junction, near Chinnakkada. The description of the accident is this: The husband of the appellant was traveling in a cycle-rickshaw, the lorry bearing No. K.L.Q. 9479 driven by the 2nd respondent hit the cycle-rickshaw resulting in the victim sustaining injuries to which he succumbed. According to the appellant, the accident occurred due to the rash and negligent driving of the 2nd respondent. Respondents 1 and 2 disputed the contention of the appellant that it was due to the rash and negligent driving of the 2nd respondent, the accident occurred. It is further stated therein that the rickshaw was being driven by the deceased who had no licence, rashly and negligently. The Insurance Company on the other hand contended that there was no insurance coverage to the lorry on the date of the accident. Hence the Company is not liable.

(3.) FROM what is stated above, it is clear that the Tribunal has not approached the issue in the right perspective. To put it differently, neither the case of the appellant nor the case of the contesting respondents, it could be said, has duly been considered. Under these circumstances, the judgment requires to be set aside. We accordingly set aside the same and remand the claim petition to the Tribunal for a denovo consideration and disposal.