K. MOIDEEN Vs. MISS AISHA AND OTHERS

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS batch of writ petitions has arisen out of the orders of the Motor Accident Claims Tribunal made in the respective awards exonerating Respondent No. 3 from its liability to compensate the respective injured victims arising out of use of the offending vehicle which was duly insured at the material time by Respondent No. 3. Petitioner is admittedly the owner of the said vehicle. Respondent No. 3 has been exonerated by the Tribunal on the ground that, in the connected matters which were settled before the Lok Adalat the victims of the accident, who are common claimants, had consented before the Lok Adalat that they would not press their right to recover compensation as against Respondent No. 3 -insurer in the remaining claims cases which have been decided by the Tribunal under the awards in question. Admittedly, the Petitioner -owner of the said vehicle is not a party to the compromise which is said to have been entered into between the respective injured claimants and Respondent 3 -insurer before the Lok Adalat. Therefore, the Petitioner would not be bound by said compromise to which he was not a party. In that view of the legal position he, by virtue of Sub -section (2) of Section 147 of the Motor Vehicles Act, 1988, is entitled to be indemnified by Respondent No. 3 in terms of the insurance policy that was issued covering third party risk in respect of the said vehicle.

(3.) ACCORDINGLY , these petitions stand disposed of.