BABY Vs. SHYNI

JUDGEMENT

(1.) IN a road accident which took place on 9.4.1991 involving a jeep No. KL-II-6005 which capsized, 8 passengers in the jeep and one pedestrian died and four passengers in the jeep suffered injuries. The accident gave rise to 13 claim petitions before the Motor Accidents Claims Tribunal, Kozhikode. The Tribunal on an appreciation of the materials brought on the record, awarded varying sums as compensation in favour of the claimants in the respective claim petitions as borne out by para 30 of the award. However, the Tribunal entered a finding exonerating the insurance company who is one of the respondents in all these appeals, from liability on the ground that there is violation of the conditions of policy. The finding of the Tribunal in this regard is contained in para 28 of the award which is extracted below:

(2.) THOUGH these appeals were admitted and conditional stay granted, subsequently the stay granted were vacated when it was brought to the notice of the court that the appellants have not complied with the mandatory provisions of law contained in the first proviso to section 173 of the Motor Vehicles Act, 1988 which provides as follows: