NEW INDIA ASSURANCE COMPANY LTD. Vs. GIRIJA KUMARI

JUDGEMENT

(1.) These appeals arise out of the award passed by the Motor Accident Claim Tribunal, Kuzhithurai in MCOP No.142 of 2006 dated 07.10.2009.

(2.) The claim petition was filed by the wife and minor son of the deceased Padmanabhan Nair, who died in a motor vehicle accident on 02.05.2006. It is their case that the deceased Padmanabhan Nair was a Ex-service Man and he was returning from Karingal in a two wheeler Bajaj CT 100 bearing registration No.TNV 1114. At that time, the first respondent, the rider of the Bajaj Pulsar vehicle bearing registration No.TN-67-E-4867, in which, the second respondent was a pillion rider, came in carelessness manner and dashed against the Bajaj CT 100. In the accident, the said Padmanabhan Nair sustained injuries and he was immediately taken to Colochel Hospital, where he died. The Insurer of the Bajaj Pulsar was the third respondent and the fourth respondent was insurer of Bajaj CT 100.

(3.) The respondents 1 to 3 in the claim petition contended that at the time of accident, the deceased consumed liquor and he was driving motorcycle in a rash and negligent manner. The accident occurred only because of the deceased and he was not having valid driving license. So, no liability can be fastened on them. The insurer of Bajaj CT 100, in which, the deceased travelled, has filed a counter in support of the case of the claimant.