IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH WEDNESDAY, THE 5 DAY OF JULY 2023 / 14TH ASHADHA, 1945 MACA NO. 1863 OF 2014 AGAINST THE ORDER/JUDGMENT IN OPMV 240/2011 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM APPELLANTS/PETITIONERS:

1 MARYKUTTY KURIAN KARIAMPUZHA HOUSE, SREEKANDAMANGALAM POST, ATHIRAMPUZHA.

2 BINCY JOHN KARIAMPUZHA HOUSE, SREEKANDAMANGALAM POST, ATHIRAMPUZHA, REPRESENTED BY POWER OF ATTORNEY HOLDER MARYKUTTY KURIAN, KARIAMPUZHA HOUSE, SREEKANDAMANGALAM POST, ATHIRAMPUZHA.

BY ADVS.

SRI.MATHEW JOHN (K)

SRI.DOMSON J.VATTAKUZHY RESPONDENTS/RESPONDENTS:

1 BABU JOSEPH KAVUNKAL HOUSE, ARUNOOTTIMANGALAM POST, KADUTHURUTHY, KOTTAYAM - 686 604.

2 THE NEW INDIA ASSURANCE CO. LTD.

KOTTAYAM - 686 001.

BY ADVS.

SRI.GEORGE CHERIAN (SR.)

SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.06.2023, THE COURT ON 05.07.2023 DELIVERED THE FOLLOWING:

C.R SOPHY THOMAS, J.

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MACA No.1863 of 2014 ---------------------------------------

Dated this the 5^th day of July, 2023

J U D G M E N T

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

4. The 1^st 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 2^nd respondent so as to indemnify him.

5. The 2^nd 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 2^nd 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 1^st 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 ev