P.S. SOUMITH S/O P.K. SREENIVASAN Vs. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. AND SHIVA SHANKAR B. JOTI

JUDGEMENT

(1.) THOUGH this matter is listed for admission, with the consent, of the learned Counsel appealing for the respective parties, it is taken, up for final disposal.

(2.) THIS appeal is by the claimant: seeking for enhancement of compensation in respect of the injuries sustained in a motor accident.

(3.) AFTER service of notice, the 2nd Respondent -owner remained absent. Hence he was placed exporter before the Tribunal The 1st Respondent insurer of the offending vehicle appeared and contested the claim of the claimant, it was contended that the accident in question has not taken place on account of the fault of the rider of the offending TVS moped. On the other hand it took place on account of the negligence of the rider of the motor cycle in which the Petitioner was coining, it was further contended that the rider of the offending TVS moped did not possess valid and effective driving licence. As such, there is breach of terms and conditions of the policy. Further it was also contended that the claim petition is bad. for non -joinder of necessary parties in as much as the claimant has not impleaded the rider, owner and the insurer of the motor cycle in which he was coming at the time of the accident. Accordingly, they sought for dismissal of the petition as against them.