Point of Law : Section 293(1) Cr.P.C. reads reports of certain Government scientific experts.

JUDGMENT :

The claimants in OP(MV) No.240 of 2011 on the file of Motor Accidents Claims Tribunal, Kottayam, are the appellants herein, aggrieved by the dismissal of their claim for compensation on the death of Mr. Alexander Kurian.

2. The case of the appellants could be summarised as follows:

The 1st appellant is the mother and 2nd appellant is the wife of Mr. Alexander Kurian, who died in a road traffic accident occurred on 05.03.2010 at 12.30p.m. The deceased was riding his motorcycle through Kaduthuruthy-Arunoottimangalam road from west towards east and when he reached a place called Alary, KL05/N-2550 autorickshaw driven by the 1st respondent from east to west, in a rash and negligent manner, dashed against his motorcycle and he was thrown down and sustained fatal injuries. He was taken to Holy Ghost Mission Hospital, Muttuchira and from there to Matha Hospital, Thellakom. Since his condition was bad, he was referred to Medical College Hospital, Kottayam, but, on the way, he succumbed to the injuries. Mr. Alexander Kurian was aged only 36 and he was working as Sales Manager of M/s.Devon Curry Powder, drawing monthly salary of Rs.20,000/-. Due to his death, the appellants lost their breadwinner and hence they approached the Tribunal claiming compensation of Rs.15 lakh.

3. The 1st respondent was the owner cum driver of the autorickshaw and the 2nd respondent was the insurer. Both of them opposed the claim of the appellants and they filed separate written statements.

4. The 1st respondent-owner cum driver vehemently contended that, his autorickshaw never dashed against the motorcycle ridden by the deceased and in fact, the injured was taken to the hospital in his autorickshaw, while he was lying on the road, falling from his bike. Though Kaduthuruthy Police falsely implicated him as an accused in Crime No.176 of 2010, he filed several complaints to higher Police authorities against the illegal acts of the Investigating Officers. Thus he was disputing the accident, and his contention was that, if at all he was found liable, his vehicle was validly insured with the 2nd respondent so as to indemnify him.

5. The 2nd respondent/insurer also opposed the claim disputing the accident. According to them, the motorcycle ridden by the deceased lost its control and skidded in the road whereby the deceased fell down and sustained head injury. It was admitted that, the autorickshaw was insured with the 2nd respondent during the period of accident. The deceased had no valid driving licence to ride his motorcycle. Since no accident occurred involving the autorickshaw owned by the 1st respondent, the Insurance Company disowned their liability to indemnify the insured.

6. Learned Tribunal examined PWs 1 to 4 and marked Exts.A1 to A18 from the side of the appellants and RWs 1 and 2 and Exts.B1 to B7 from the side of the respondents.

7. On analysing the facts and evidence, learned Tribunal found that, the autorickshaw driven by the 1st respondent never hit the motorcycle, and the accident occurred when the motorcycle ridden by the deceased skidded on the road. So, the claim of the appellants was turned down, against which they have come up with this appeal.

8. Now let us see whether there is any illegality, irregularity or impropriety in the impugned award warranting interference by this Court.

9. Heard learned counsel for the appellants and learned counsel for the 2nd respondent.

10. Learned counsel for the appellants submitted at the outset that, it is a strange case where the driver of the offending autorickshaw denied the accident though that vehicle was having valid insurance coverage. According to him, the accident occurred when the autorickshaw driven by the 1st respondent in a rash and negligent manner dashed against the motorcycle ridden by the deceased and so, he was the person responsible for the accident. He being the owner too, the 2nd respondent/insurer was liable to indemnify him, on the strength of valid policy covering the accident period.