JUDGMENT

The Reliance General Insurance Company Ltd., impugns the Award of the Motor Accidents Claims Tribunal, Manjeri (‘Tribunal’

for short), in OP (MV) No.470/2019, on various grounds.

2. Sri.Mathews Jacob, learned Senior Counsel, instructed by Sri.P.Jacob Mathew – learned counsel for the appellant, argued that the accident was caused on account of the contributory negligence of the deceased and that his notional income has been incorrectly reckoned by the Tribunal. He also argued that, no amount under the head ‘Pain and Suffering’ could have been granted.

3. In response, Sri.P.M.Rafiq – learned counsel appearing for the respondents, submitted that the deceased was riding a bike on pillion, owned and driven by the 1st respondent, whose rashness and negligence caused the accident, by colliding against a lorry. He submitted that, this has been uncontestably established, through Ext.A3 - Charge Sheet; and therefore, that, the allegation of the appellant - that there were two pillion riders in the vehicle and that his client was not wearing a helmet, thus, being liable for contributory negligence - is only an afterthought and nothing more. He contended that when the Insurance Company re