“CR”

JUDGMENT

rd Dated this the 23 day of September, 2024 This appeal is filed by the Insurance Company questioning the grant of compensation by the Motor Accidents Claims Tribunal-III, Pathanamthitta in OP(MV) No. 233/2014.

2. The facts for disposal of the appeal is as follows:-

One Sri. N.T. Koshykunju died in a motor accident which happened on 18.01.2014, while he was walking through the Kaippattoor-Pandalam public road and when he reached near the place Mampilalil, an st autorickshaw bearing Registration No.KL 26 C 796 driven by the 1 respondent in a rash and negligent manner came and hit the deceased and due to the impact of the hit, the deceased sustained severe injuries and succumbed to it on 19.01.2024. The claim was lodged by the legal heirs of the deceased N.T.Koshykunju. The appellant entered appearance and contested the claim and even disputed the cause of the accident and also the vehicle which caused the same. Based on the pleadings on records, the Tribunal frames the following issues:

1 Whether deceased Koshykunju died in the motor accident caused by his own negligence or that of R1?

2 Whether petitioners are the dependents of deceased Koshykunju?

3 Whether petitioners are