MOOSA SHAFI K. Vs. BEEPATHIMA

JUDGEMENT

(1.) Mr.G.Ravishankar Shastry, learned counsel for the appellant.

(2.) This appeal under Section 173 of the Motor Vehicles Act 1988 (hereinafter referred to as 'the Act’ for short) is preferred by the appellant who is the owner of the vehicle involved in an accident against the award dated 27.05.2010 passed by the tribunal by which the respondent Nos.3 and 4 viz., the insurance company has been exonerated of its liability to indemnify the appellant.

(3.) Facts giving rise to filing of this appeal briefly stated are that on 08.01.2007, deceased Imran was riding motor cycle bearing registration No.KL 14 D 5434, at that time, a lorry came from the opposite side at a high speed which was driven in a rash and negligent manner and dashed against the motor cycle. As a result of the accident, the rider as well as the pillion rider of the motor cycle sustained injuries and eventually the deceased Imran succumbed to injuries on 18.01.2007. Thereafter, respondent No.1 filed a petition under Section 166 of the Act claiming compensation to the tune of Rs.7 Lakhs on account of death of her son. The respondent Nos.3 and 4 filed a written statement in which inter alia it was pleaded that deceased had no valid driving licence at the time of the accident and the death took place due to rash and negligent driving of the deceased himself. It was further pleaded that accident had taken place due to the negligence of drivers of both the vehicles.